HomeMy WebLinkAbout06/09/2009 00 Agenda and Packet 1 � y
David Edler, Mayor
Micah Cawley, Assistant Mayor
�" • ' Yakima Maureen Adkison
• �
Cit Council R K En Coffey
,1 , °:,,R:::: - - A genda
Bill Lover
129 N. 2nd Street,Yakima,WA.98901 Sonia Rodriguez
Phone: (509) 575 -6000 • Fax (509) 576 -6614 City Manager
r Email: ccouncil @ci.yakima.wa.us • www.ci.yakima.wa.us Richard A. Zais, Jr.
Anyone wishing to address the Council, please fill out the form found on the tables and give it to the City Clerk
111
YAKIMA CITY COUNCIL
STUDY SESSION
JUNE 9, 2009 — 8:00 — 9:30 A.M.
COUNCIL CHAMBERS — YAKIMA CITY HALL
1. Roll Call
r 2. Stonnwater Program Update and Discussion
3. Audience Comments (9:15 — 9:30 a.m.)
r 4. Adjournment
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Yakima
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City of Yakima Vision Statement: To create a culturally diverse, economically vibrant, safe, and strong Yakima community. � I � I I
Adopted March 2008
1994
Council Study Session
Stormwater Program Update and Discussion
June 9, 2009
NPDES
Capital /Safety
RSPG and Local Activities
RSPG Activities Local Activities
• Prepare SWMP • Housekeeping Practices
• • Public education Enforcement Illicit Discharge
Ordinance
• Hotline for illicit discharge • Plan Review
• Model ordinances • Inspection
• UIC Assessment
• Procedure manuals • Adopt /Enforce Construction /Post
• 0 & M manuals Construction Ordinances
• Record Keeping
• Staff training • Preparation for new NPDES
Permit
• Outfall monitoring
• Prepare for Water Quality Testing
• Capital /Safety Needs
Capital/Safety and:.Liabiiity N d s
ee
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• Implement pollution prevent measures
• Implement go od housekeeping practices
• Adopt and enforc Illicit Discharge Ordinance
• Continue inventory and mapping of system
• Prepare for outflow monitoring /testing
• Construction and Post Construction Ordinances
P rogr am g
U I C
UICs are p otentia l point source to grou water
REQUIREMENTS �� r
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• Identification /ma pping 1 : � , � ; � r itivt 1
„ Z., .� 4'r : M y ra - � a ��}t#: p r t �. N�
• Registration by Feb 2011 t1 F ' :04 `�
L v rt i � � ;Q E ;�r Y1 `,]'F b y'.5Y r fr 6'�° g i� E
Assessment by Feb 2013 ��•r..,�,.. ��r�_�,F��.��� �� .�:. �= �.��
• Immediate action for those' ry (+
) �-
UICs with potent to po llute _
O i
gro water
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• Housekeeping operations �t` „ `
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Estimated 5 000 UICs in City)
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2007 City Council
Established rates to fund activities necessary to:
• Meet minimum requirements of NPDES
permit for years 1 and 2
• Meet the minimum requirements of UIC
regulations
• Address through system rehabilitation and
minor expansion immediate safety needs
• Repay the Wastewater Utility and Street
Fund for previous expenditures
2010 and 2011. Rate Proposal
• Includes transfer to Street Fund for "good
housekeeping" measures - $215,000
• Capital funds for existing rehabilitation — no
funds for new construction
• "Bare Bones" — no funds dedicated to reserve,
contingency or emergency
• Focus on 2 years — no moderate or long range
funding consideration
• Each $1.00 in the rate equates to approximately
$48,000 in revenue
City Council Study Session
Y Y
' Stormwater Program Update and Discussion
June 9, 2009
This report is intended to provide the City Council with an update and analysis of the
' City of Yakima's Stormwater Program and to gain direction and feedback from Council
with respect to program goals, objectives, and rates for 2010 and 2011. Authorization
of a 2010 — 2011 rate schedule by mid -July will satisfy timelines for the development of
' the City's 2010 Stormwater Budget and meet the requirements of the Yakima County
Assessor for billing purposes. Table One provides a summary of expenditures and
revenues for 2009 and proposed rates for 2010 and 2011.
' BACKGROUND — MANDATED PLAN
The two primary objectives of the City's Stormwater Program are to meet the
' responsibilities and obligations set forth by the National Pollutant Discharge Elimination
System (NPDES) Eastern Washington Phase II Permit and the state mandated
Underground Injection Control (UIC) Program (WAC 173 -218).
The City's mandated obligations and responsibilities under the NPDES permit 9 p pe mit include
collecting, transporting, and treating surface water (stormwater). Beyond field operation
I tasks encompassed in the regulations, the City is required to adopt and administer an
Illicit Discharge Ordinance by August 2009. The City is currently reviewing the model
t ordinance prepared by the Regional Stormwater Group. The model ordinance will be
used to draft a local ordinance that will be brought to Council in July. Section 2 is a
copy of Department of Ecology's Guidance Document related to illicit discharge
' prohibition. Additionally, the City is required to review, inspect, and enforce water
quality issues for construction and redevelopment activities to ensure the projects meet
the specified criteria as set forth in the permit.
' The City's mandated obligations and responsibilities under the UIC Program require the
registration and assessment of all UIC devices. A UIC is commonly referred to as a "dry
well ". The assessment of the City's existing UICs may reveal that treatment or
' pretreatment to a significant number of these facilities will be necessary to meet water
quality regulations.
The stormwater utility rates must cover the cost of the Regional Stormwater fee
assessed to each member of the RSPG and the day to day cost of meeting the
regulations directed at each component of the system.
It is estimated that the City's stormwater collection system includes over 6,000 catch
' basins, 5,000 underground injection wells, 130 miles of stormwater drain pipes and
several more miles of roadside ditches and grassy swales which are used to treat
and /or convey stormwater. City stormwater crews are working to clean and inventory
the system in an effort to meet the requirements of both the NPDES and UIC programs.
NPDES requirements beginning in year three (2009) include the implementation of
pollution prevention and good housekeeping (best management practices) for municipal
operations that has "...the ultimate goal of preventing or reducing pollutant runoff from
municipal operations." (NPDES Permit S5B6) t
REGIONAL STORMWATER POLICY GROUP —RSPG
Yakima County and the cities of Union Gap, Sunnyside, and Yakima have formed a
Regional Stormwater Policy Group to facilitate a regional approach to address water
quality regulations and to work collectively where practical to reduce the overall costs of
implementing the stormwater programs.
The engineering firm of HDR completed a Stormwater Regional Analysis for the '
Regional Stormwater Policy Group in December 2006. Since that time the participating
agencies have gained considerable experience, and have taken steps to coordinate and
even combine efforts where beneficial. Not surprisingly the agencies through further
analysis and coordination determined that some of the assumptions made in the HDR
study with respect to centralized operations were not the most practical or efficient
alternative. Most notably, the agencies agreed that maintaining individual control over
development review, ordinance enforcement and housekeeping, and operation and
maintenance of conveyance infrastructure was more efficient than attempting to create
a centralized independent layer of government that operated independent of the
agencies.
While decentralization of operations has proven to be the right path, a more centralized
approach to tasks such as, staff training, public education, ordinance development,
annual reports to Department of Ecology has served the RSPG participants well and
saved resources. Yakima County was designated as the lead for these functions. The
County estimates that the regional approach to aforementioned set of tasks has
collectively saved the communities $295,000. '
As mentioned above, each agency is responsible for the maintenance, operation,
housekeeping measures, and, capital projects associated with their respective 1
infrastructure. The City of Yakima has the largest stormwater inventory with over 10,000
individual stormwater devices (such as catch basins, drywells or UICs) and 130 miles of
pipe. As a comparison, Yakima County is the second largest utility with an estimated 1
1,047 devices and 11 miles of pipe, about 1 /10 the City of Yakima system.
The RSPG is working on developing an Inter -Local Agreement (ILA) for permit years
four and five. A draft of the ILA is included in Section 3 of this report. It should be noted
that the RSPG ILA does not cover all of the regulations and requirements of the UIC
program. This stems from the fact that there are relatively few of these particular 1
devices in the other jurisdictions.
MINIMAL COMPLIANCE '
Regional and local policy directives have resulted in the creation of a NPDES program
having "minimal compliance" as its primary goal. The City of Yakima must also take into
2
consideration the regulations in the UIC Program. The Program requires the
registration of all Ul Cs and assessment and actions to address any UICs which are
determined to be a high threat to the ground water. Here too, Council policy direction
has been to maintain a minimal program.
SAFETY AND LIABILITY NEEDS
Crews cleaning and inventorying the stormwater system for the City of Yakima have
documented over 200 locations requiring repair in the near future. The repairs are
necessary to address trip hazards, potential sink holes, vehicle hazards, and flooding
due to broken grates, rings, or pipes. These repairs are beyond the minimal compliance
of the NPDES or UIC Program, but are necessary to protect individuals from potential
harm and to avoid private and public property damage. Aside from having an overriding
responsibility to maintain its public infrastructure to properly function and to not present
' a public hazard, once known the City is "on notice" and exposed to claims or lawsuits
for incidents that result from a failure to take appropriate action. The rate proposal
includes funds to cover supplies ($34,000) and salary costs to allow for a programmatic
' approach to begin addressing known safety concerns. Appendix 1 provides the
current list of known problem areas and pictures of a few of the locations.
' RATE HISTORY AND GRANT SUBSIDY
In late 2007, the City Council established rates for the first two years of the program.
These rates were developed to adequately fund the activities necessary to meet the
following objectives:
Meet the minimum requirements of the NPDES permit for years 1 and 2
I i.
2. Meet the minimum requirements of the UIC regulations
3. Address through system rehabilitation and minor expansion immediate safety
t needs such as flooding and hazardous conditions encountered
4. Repay the Wastewater Utility and Street Fund for previous expenditures
' An annual rate of $22 per equivalent residential unit (ERU) was established for 2008
and $35 per ERU for 2009. The City received two grants from the Department of
Ecology. The first grant ($131,512) was used to pay the City's share of the first two
years of the RSPG and creation of the Regional Stormwater Manual. Funds from this
grant were expended for the City of Yakima early in 2009. No additional grant funds are
available for expenses generated by the RSPG lead. The second grant ($372,000) is a
stormwater mapping implementation grant that reimburses a portion of the cost of the
on -going inventory of the city's stormwater infrastructure between January 31, 2008 and
June 30, 2011. Grant revenues for 2010 and 2011 are estimated at $100,000 and
$40,000 respectively, for mapping activities. With the addition of the aforementioned
DOE grants, revenues collected in 2008 and 2009 will be sufficient to fund program
activities as established by the City Council.
The level of activity required to maintain compliance with the mandated programs has
and will continue to ramp up over time. This mandated expansion in activities requires
' that additional resources be applied to the program.
I 3
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IMPLEMENTATION OF SCHEDULED OBLIGATIONS
NPDES RELATED OPERATIONS - In 2010 the City will be in year three of the•NPDES ,
permit. With this come significant additional obligations for stormwater system
operations. Specifically, the NPDES Permit requires the City to implement pollution
prevention and good housekeeping for municipal operations (S5B6 of Permit) for listed
operations such as:
• Stormwater collection and conveyance systems ,
® Street maintenance, repair and construction
• Parking lot maintenance and repair.
The most costly operational impacts being the cleaning of all stormwater collection and
conveyance systems and efficient street sweeping where and when appropriate to
minimize the contamination of stormwater. As noted throughout this document, some
system maintenance has been accomplished.
The fiscal impact of these newly required operational practices is significant relative to ,
the small size of the current program e.g. A fund transfer of $208,000 to the Street
Division in 2010 and 2011 will pay for street sweeping necessary to help meet the "good
housekeeping" requirement for municipal operations (S5B6 of NPDES Permit).
The charts below capture the percentage of program costs projected for 2010 and 2011.
The capital program is funded at $300,000 for both years and is targeted for projects to
address localized flooding and rehabilitation of existing infrastructure.
1
UIC RELATED OPERATIONS — The Underground Injection Control Program requires
the City to assess and address potential ground water pollution. This activity will involve
additional analysis support from Wastewater and Community and Economic
Development Department (CED). Tasks will pollutant screening and identification, a
determination of actions to eliminate pollutants by pre- treatment, treatment, or
developing alternatives to addressing stormwater run -off that would avoid the use of a
UIC. Capital and operational costs associated with this component may be high and will
require careful review e.g. an item such as a drywell filter would require an initial capital
costs estimated at $7,000 to $10,000 (keep in mind there are approximately 5,000 of
them), and also require a corresponding increase in annual program maintenance costs
for supplies and required staffing levels per unit. 1
PLANNING - Staff is recommending that the 1993 Stormwater Comprehensive
Stormwater Management Plan be updated. During the ensuing decade and a half, the
City has grown considerably, stormwater regulations have changed dramatically, the
system has expanded, and there has been considerable deterioration of infrastructure.
While the cost to update the Plan is a fraction of the cost necessary to implement the
mandated operational enhancements, the update will provide valuable information
resulting in less overall cost to the ratepayers than proceeding forward with limited
information and planning. Comprehensive planning is common practice with respect to
4
the City's water, irrigation and wastewater utilities. A strategic planning approach will
include an evaluation of the current system, identification of long range capital projects
necessary to meet future permit requirements, address future water quality and
' retention /detention strategies, identify efficiencies and where they can be duplicated in
other areas, and assist the City in developing a rate strategy that will provide predictable
rates sufficient to support mandated improvements and activities. As proposed,
' Wastewater Manager Scott Schafer and Utility Engineer Shelley Willson would lead the
comprehensive planning effort with outside assistance in areas requiring specialized
' professional expertise. To the extent possible, the 1993 Comprehensive Plan will be
used as the foundation for the proposed Plan Update. This approach will limit the
scope and cost of the update.
Stormwater Program Components
26%
' 36%
• NPDES Permit Obligations
• UIC Program Obligations
❑ Capital /Safety Obligations
' 38%
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RATE SUMMARY AND BASIC ASSUMPTIONS '
Table 1 provides a summary of projected expenditures, revenues and rates necessary
to support a minimal NPDES and UIC compliance program for 2010 and 2011. In
addition to the operational and capital issues discussed above, the proposed rates are
designed to cover the costs associated with development and redevelopment review,
inspection, and enforcement. The same ERU system and applicable discounts as
authorized in the ordinance adopted by City Council on November 20, 2007 are
proposed to continue in 2010 and 2011.
Assumptions for 2010 and 2011:
• Continue Regional Stormwater approach per the Inter -Local Agreement 1
• Continue maintenance program geared to meet the minimum requirements of
the NPDES permit for years 4 and 5 '
• Continue maintenance program geared to meet the minimum requirement of
the UIC regulations 1
• Take appropriate action through rehabilitation and minor expansion of the
current system to increase safety to the public, and reduce liability to the City
by addressing known safety concerns such as flooding and hazardous
conditions 1
• Continued repayment of the Wastewater Utility and Street Fund for previous
expenditures
• Minimize FTE's funded by the utility through the utilization of personnel from
wastewater and other divisions on a time only basis 1
• Review, inspect, and enforce stormwater regulations within the city limits 1
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I TABLE 1
I .
111 Adopted Budget Proposed Budget 2010 and 2011
k Description z , ; 2009:� 2009 '1010' ` .i 2010 :- ` :' 1-1., a ` 2011 '' 2011 1
.,� ,,. ,..: F , Expenditure_ FTE , . L Exp enditu re . , F TE i4Eacpenditure _
Stormwater Salaries and 8.25 5 $359,695 5 $370,487
Benefits
Wastewater Support�� I . ��, ; ` 1.19 •4 59 = � _ _$ "1 ;'. :4.64,'''! $375,675 =
CED Support 0.12 0.6 $49,847 0.85 $68,435
>. Water/Iifigation Su ort; t m 0: ' ,� { 0 ,' , . 1 �._ .___, 3 i
1?PY 0 OS 3 250 0:05 $
1 Total FTE /Salary and 9.56 $700,055 10.24 $773,543 10.54 $817,945
Benefits
I r
Count y, Ecolog}% ,. � . , } .1244:;125•!,:..: x! $264 872' i x Y $266 772
� w . r__ ` _ _
Eee _ i [ ` , 1
Equipment, Fuel and $101,449 $137,200 $148,800
Supplies
! Professronal�Services::, ° :'C4,.j�:*:s $35000�r " • - y = T $35,000; '' 4! :'' $3
Inter -fund St/ROW $7,000 $215,000. $215,000
Maintenance
II
Iner fund :Storm: t/* `k -� $350 O
t l i 300 00'0 i 1i-
� ;, , . $3 • �Caprtal - • �. ' ��
I Repayment Wastewater $200,000 $200,000 $200,000'
Repayment Street Division ! 1 $25 000 f � 4.$25,OQOS; L ~ $25,000.
Operating Transfer $60,000 0 0
I Equipment
,City Service Charges "II_ _ � , x $7$,405 � � . �
__� --_ . ���_.� ' .. a' $78,000, �. __.. _.� ; ; $. 8,000`.
Total Expenditure $1,801,034 $2,028,615 $2,086;517
. �._._� _..- ._ _ _ __.$ 00 L i' 40 000:
' Revenue: ° ' ; _ ; i .� _�0,., ,_____.,t ._ � $�
Remaining Expenditure $1,658,822 $1,928,615 $2,046,517
C Estimated ERU Y.: -', $35 Annually •1 x'$40 An nually, . '� N ?: j I $43 Annually
I � Rate(50,000 less -4% ' ' i ($2 /month) ($3 33/ , I { i ($3 58 /m
,dol_,14 onth)
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a 4
'�� uncollected rounded to ; � f � � -�
(. whole lar amount) ,, ' i _ . ; a . .�. Q _._. .I L , �,�. , , L. .. ` I
1
Copies of the 2010 stormwater utility rates were received from eight cities in eastern
I Washington (West Richland, Walla Walla, Pasco, Richland, Kennewick, Wenatchee,
Pullman and Ellensburg). The average rate for these cities is $3.80 per month per
ERU. The proposed rate for the City of Yakima for 2010 is $3.33 per month per ERU
1 and for 2011 is $3.58 per month per ERU.
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2010 Stormwater Program Percentage of Total Budget
■ NPDES Permit '
6%
° 22% ■UIC Program
12%
a ❑ Safety Repairs
11% ❑ Capital Program
• Repayment Street and
Wastewater
16% 27% • Regional Stormwater Fees
6%
■ Insurance, City Services, Prof
Services
1
2011 Stormwater Program Percentage of Total '
Budget ❑ NPDES Permit
• UIC Program
3%
13% 26 /° o ❑ Safety Repairs
44 10% D Capital Program
• Repayment Street and
15% Wastewater
❑ Regional Stormwater
6% 27% Fees
• Insurance, city services, '
I professional services
I
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EXPLANATION OF BUDGET LINES
Stormwater Salaries and Benefits
The tasks included in this area are necessary to meet the mandates of the NPDES and
UIC regulations. The cleaning of the storm drain system will continue in 2010 and 2011
using four full -time employees and two vactor trucks. This effort includes the collection •
of required inventory data and required additional assistance of wastewater collection
crew members and equipment. A majority of the inventory work will be completed by
the end of 2010, allowing the "borrowed wastewater crew members" to return to
wastewater collection system maintenance. Once the inventory is complete, four full-
time employees will be used to meet the good housekeeping requirements set by both
the NPDES permit and UIC regulations, which stipulate ongoing inspections and
cleaning of the collection system, others will be used on a time and materials basis.
' Stormwater also includes the surface water engineer position responsible for reviewing
public and private development plans to meet local, state, and federal regulations are
met. A total of five full -time employees are funded through the stormwater utility
revenues.
These tasks and positions are contained in the current program, with the noted
' reduction from the 2009 adopted budget for cleaning and inventorying the collection
system which has the net impact of reducing the employee count from 8.25 FTE to 5
FTE for 2010 and 2011. Estimated costs for 2010 are $359,695 and $370,487 for 2011.
' Wastewater Support
Support from the wastewater division will increase in years four and five of the permit.
Mandatory tasks include Illicit Discharge Ordinance administration, lab work, UIC
assessment, smoke testing of pipe lines, public meetings, data entry, outfall analysis,
administration, and vactor waste handling and disposal. Two additional tasks that are
included in this area, and are outside of "minimal compliance" with mandated
regulations are grant applications and minor repair work. Grant awards expedite
implementation of the capital program for retrofitting Ul Cs and construction of treatment
or pre- treatment facilities required to meet water quality standards. The Wastewater
Division's proposed total full -time equivalent support is projected at 4.59 FTE in 2010
and 4.64 FTE in 2011. A limited number of the tasks described above are included in
the current program. As noted above and in previous reports to Council, these tasks
will continue to ramp up through this permit cycle a trend that is likely to continue in
future permits.
It should be noted that the wastewater division's laboratory personnel are assisting the
t Regional Stormwater Program by providing laboratory testing through an Inter -local
Agreement. This task can be provided at a savings to the community in the same
manner that the County has provided the lead role for many of the stormwater
administrative functions. Estimated costs are $360,751 for 2010 and $375,675 for 2011.
1
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CED Support
The Community and Economic Development Department (CED) will provide the support
services that are necessary for new UIC well review and the implementation of
ordinances targeting construction and post- construction. The mandated tasks include
plan and field review, inspection and enforcement, and response to citizen complaints
regarding stormwater issues. CED will also assist with grant applications, capital project
design, and administration. An estimated 0.6 and 0.85 full -time equivalents are funded
for 2010 and 2011. These costs were not previously contained in the utility rate. Costs
are estimated at $49,847 for 2010 and $68,435 for 2011 for these services. 1
Water /Irrigation Support
The Water and Irrigation Division currently supplies the support service of a utility 1
locator to respond to the "Call Before You Dig" program. The 2010 — 2011 rates include
a contribution equivalent to 0.05 of this position's salary. There are several locations in
the city where existing stormwater pipes have been crushed, removed, or filled due to
their appearance as an abandoned pipe. This service reduces costly damage and
provides the city with the mechanism of requiring repairs for pipelines damaged from
those doing the damage rather than the ratepayers. The "Call Before You Dig" program
is a mandated program for all underground utilities. The cost was not previously
contained in the utility rate. Costs are estimated at $3,250 for 2010 and $3,348 for
2011.
County, Ecology Fees /Assessments i
The stormwater utility includes payments to Yakima County for Regional Stormwater
Program Coordination and billing. Also included are payments to the Department of
Ecology for permits and state and county utility tax assessments. These items cover
mandated permit requirements. The costs were included in the existing utility rates.
Costs are estimated at $264,872 for 2010 and $266,772 for 2011.
Equipment, Fuel and Supplies
The stormwater utility continues program costs shown in the existing budget for items
such as power, fleet service, and minimal supplies necessary to make safety related
repairs to the system. Minimal inflation factors were used to cover potential increases.
Repair and maintenance by contractor and recruiting were eliminated as cost
containment measures. In the future the cost of filters for Ul Cs would be included in this
area. Retrofitting each UIC is estimated at $7,000 to $10,000 per unit and filter
replacement costs have been estimated at $250 to $1,000 each. Staff expects the
increase in this area to be significant over time. The estimated costs are $137,200 for
2010 and $148,800 for 2011.
Professional Services
This option includes a line item of $35,000 for professional services each year. This
covers costs for legal and consulting services if required. As noted above, a Stormwater
t
10 1
t Comprehensive Stormwater Management Plan update is recommended and planned
and would be funded from this line.
1 Inter -fund for street sweeping and ROW maintenance
A direct transfer of $215,000 to the Street and Traffic Operations Division is proposed to
support the mandated "good housekeeping" activities performed by the Street Division.
These activities will include enhanced sweeping and right -of -way maintenance
programs, such as mowing and litter removal. These tasks are noted in the Eastern
Washington Stormwater Manual as Housekeeping for both the NPDES and UIC
Programs with the goal of reducing pollutants before they reach surface and ground
waters. This is a substantial increase to the existing program, and is reflective of the
ramp up of activities prescribed in the NPDES permit.
Inter -fund Stormwater Capital
Inter -fund payments will pay for capital projects. Capital program projects include
mandatory elements such as retrofitting of UIC's as required to meet state /federal
compliance for water quality, and non - mandated projects such as addressing localized
flooding and safety repairs that are beyond the scope of the wastewater utility crew.
The flooding and safety repair rates were contemplated as part of the City Council's
policy directive in addressing such problems. Estimated costs are $300,000 for 2010
and 2011.
Repayment Wastewater
A multi -year repayment of funds used by the wastewater division for stormwater
t activities completed in 2005 through 2007 was directed by City Council. The repayment
is continued per the schedule previously established by Council at $200,000 for 2010
and 2011.
Repayment Streets
t A multi -year repayment of funds used by the street and traffic operations division for
stormwater activities completed in 2005 through 2007 was directed by City Council.
The repayment is continued per the schedule previously established by Council at
' $25,000 for 2010 and 2011.
City Service Charges and Insurance Services
' The Inter -fund payment is for services received from other divisions within the City such
as legal, finance and administrative support. This category also includes $25,000 to
cover insurance associated with private claims brought against the stormwater utility.
Estimated costs are $78,000 for 2010 and 2011.
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PROPOSED REVENUE 1
Estimated expenditures for 2010 and 2011 are $2,028,615 and $2,086,517 respectively,
being a new utility with no significant reserves, revenue requirements will need to match
expenditures.
The City of Yakima currently has an estimated 50,000 ERUs in the City of Yakima. In
determining the proposed utility rate, 48,000 ERUs was used as the available rate base,
this takes into consideration delinquent accounts, and credits that are available through
the use of stormwater practices as noted in YMC 7.80.120. The Department of
Ecology's Mapping Implementation Grant will provide $100,000 in 2010 and $40,000 in
2011.
The proposed annual rate per ERU is $40 ($3.33 per month) for 2010 and $43 ($3.58
per month) for 2011. The utility rates as proposed would provide an estimated
$1,920,000 in 2010 and $2,064,000 in 2011 in revenue to the stormwater utility. These
amounts coupled with the DOE grant will meet revenue requirements for the utility as
proposed.
The rates proposed are necessary to maintain minimal compliance with both the
NPDES Permit (as requirements ramp up) and UIC Regulations, including mandates of
increased housekeeping, UIC assessment, project review, inspection, and the
mandated enforcement elements, as well as fund a continued effort to address flooding
and safety issues per Councils previous directive.
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,
I ' STORM DRAINAGE
Location CB Number Description
I El .7 wt U-Wfitif AE /343 6 nods rcizir
E13 3/5 aru., kh&dL 06/467 -Ntog - pipe by
- , #1 AI
ta7 FailbotS /37 - . 0 3 "7/ th (it lauds Mudded
I ()a:7 Tt , N L k 3161 4tre - 'T rb - - LI • • ' (t- ki t Sec i e., _ I oc4 016A
tiyi loi N ith-Q. - 39 57 Iii.cuta. bukiz....
tor 6i b 5 /V Li6f1 ifv-e— :3(-fSV yftc-i 0 n a Cits2-Ci
ti)2.7 N 34itte ifaiiiimtS 33() 0 be-Nrd Eidatz4L r) o.- v i nj rigeaf.310 k sel
IE '50 hi,ul,mu . 7:5E
• ea \ v ,0: / MLY SLA (1) ( A GratD L1 i(114----- ,
,.,
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v,, /V cAtZA'l 1 e SO Li q ci i 6r cre cis:- d
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il
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mi 0 3° (.1) IVO e0 ,.i2lt.-4" N E. ?..) LI 4 - L CL i .- V - VA.AZA,-
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Jug Li t Li 'F`p)(2_tri,:t-tr,., 0- mid 73,,,,i ';..1-, _.
C:10 / I„ct
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3 Glo,g)(1-S AVQ/S Nittp 3 1 6 111 kiin-u3v-e_ Crns_Ju_r_g„
94
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63 ( G / 3614t 3 z % W
3I Nob Nit( 73 Ave. ‘206 3 q D 5 G r,, ruz euflaced .11 1(0 . 7 SW 2 -
Lin.ctin NE . c\ ?i•• ,,n) 2 . , X O IL, of CB
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STORM DRAINAGE
Location CB Number Description
I
lk_22 0 , , ii,-, .2, %3 8 Ceti-) '-(-- atzlir)
kn----) , itiD-a Pia -k a 3 _
L d:,` : ' I 1 # Stu2- t
eL ��_ �,� I
4ue.; SE
ULA -1 �. �* �bb 11 5 � s 9 O • - b�1c.Q.� -,. t1.4 n_ cc 1114
. ih r
c k 9 liiie ii kaoSevai 210Fi 11 L w
, k- Oirm [4 flk . 5%9 P � l.3 -1 '.ac -- t
Uo a kKhb -b 61 4 1E 31 ! 5 rbtf u � ti
W 17 A Ni)to tztA W 3
B 7 5cac utQ pi 1
1j1 Z i 5 -G & P. co, Es.) a i 17 ?b*- i Q a.'7
0 a 1 s�� y P� -scs, (vcU a� a 9 � e.� � � � 7
ap -k- 4SS 2-(9 3. ►o&i- ?nom
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c5 21 t:14.1.1-- tt hoc _-, sit. Ire._ ;`
U"lla,id i ui 6\0.. NIA a-►�t 0. & - - -
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�� Lc� u �z /LQ�,c�on N k.) 1�. -��. CIS aL413
in F 01-
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270 q !) Cr f - Lt / G is o;vz- buried i n - D n r-d
It, t o / a hom4- &Ie. u r G Bu ri ed (:n +' w 2 7 o tf r� �) Ci f''
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Location CB Number Description
1 - 1 764 `e - 62 i/ 4 a 4 F c1
6 b- L0.11 — r., Q kobbi
log ZED y w 5a44-1 5coci 1.01'9 Gzatc
WLo Za Tmkr 50%(0 w. & ,
611[:-:Lo Arl�„} ��IRas�fi /J l yo, 5 -(a N i ei �u., i.cd
i 114 r
_1° % ",lu +G` s4. Ne c S. E. a0 as t -(o Ci-cr N e4s ()or
1 � J L - (,fi - A 1,4(42 /7/3 goofs in rn
E5 /`t'" /e- / c (n I .6tzo%-1
111/,)(p "5 /1 a e Pri∎v_e.IVW ; t 2 ? �o oto be 7,-
tT Ski 501 `6 brokbi
iw(v Z3 rd Tuityt SE 5o r ride %o bra tem
L 2lff }, _ de 50 2,6 6z ■
1 (1-° . . -F Zan, 5 & n-f c (\(k.-f
v - t 5H f S 02064 (Ajzo Or 't o-
1 e 2 Ti -e-i'D ►� A. 5o -Co (-ct . IJ I 1)-)
e rte, .�.� �,�
( fm No / m iw 1 Co - S hrec of Wart G. , d1id
(p l f1 Ae, 4 t ±,k CuA-b- it , , a "
r . C! eiifS !- /q3 / ( (-
.2 CP�s
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l� g //Or ‘, Mr110 3 is .,ra •
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S /Cc Axe_ w V L mc, S= /S ' te. ' in Ilex bi S�tcp .
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2 ►\,4 ,Q.i U ' a, .Sinl ir?C 1 S ' cl(.t'.d C a
!pig Il. JV r. 1-6 3 (
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E.00 Onc�ditic h E °c'liP tU si de. vlva) (!AI4 C8(APit.
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STORM DRAINAGE III
Location CB Number Description
E 6 ) 5`�' . �., Tejon iV t-; 560- -q 62& t.61,� y-.. / 1
W r
' , ,Qoi f t
��u I
W l 1 (/`�°F G ti
' Z(e) S e__ . ;s 4.00 J '°rte. =_ ". _ y ,. ' �. .t 1
(� iy 1001 :
W I (2 4ue- 50 . o ( -1 S Stath std wctit. eAc thdsbra y. CS
19 ;2 R d Lv 100 b "i 1 8'1.0.2 C o nQ-e a ilkec s 1 p fie. Mama 1
f--7 I\-to\ ►J :b i-Vii ak,114 Si S 62°
E 8 % kt RIUt a N1 a(.1,L1 6:5,,i1.‘,_. sr- ,. .
2 0(c S Z` �f$ oh 1.
(0;:10 x "a�+.� � . J` a .:� f " 1 � I
I
9 h
J g a
F -141 Y
f / G'�..5 N: IS S tAQ S
.. Ave_ t ff X5 9 s tal__Q '�-
I
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aG c1-0 Ave k spn, . C 15g Pi bro , - , -ke..1 ohuma. (p- o1.Q. we�tt1 L
,30,.i.. A: , 1\(14) a (a. 7
nsL . Q ._ yuLcd_ort, \zo_ A3Y d- u-. (Rid
Olp 1301 N y c)h Fl,,e, north eg - 5 3"i &cam v\s,..,2,k.5 A.9- cu -
1
I STORM DRAINAGE
Location CB Number Description
i C 2i log iv 3atirne- N r .e\
)Z 3 M1 vt v e 3L , - 9 , r c-"2<-1c-f- --
-bSti /f- tom liKi 3 3 c9 7 rr z,
2 3 9 02, ram gcA 32- y
Z% 3 ' /J..2 - s4z -- 249 2 L9faa
102-8 Tit\ /S1nnW►;N„vt3 3 3 - 7 c e
giJi7 150-1 S 2 4v'E Tay I
Z53 Li ncdo/ S v' ` C v • iocb
• 11 N 5a 5D- C r e
2'' PIVIC /c) Pi-KAY i, o NC 13L 6;r> k loo
fx Z iwnvn■-I,n e.0 /. 7. "Phi StiJ B2 I 51A. brolc2 , a4 zti 1 im, (i`J •te.;,�
ruZ�l Vn1r�c�vv /�G�►I :(u\e r 5Z 2 brt, t L�- C
1111‘,0Z,9 3C1 Ti�-to Nav-AtCe -u., 4c19 I _Ltq q Z
313 S - '))/0' _ �3 09 CP) tCO-/3 it; aF Cs u- bo . -ruct' zm
I(b3C 1■15P tin boa /3'R 3
(D 0 Se Atkin 1) R Ares
ESC:lie 5111 rt 5k.�
I3C Cuy&. PL / �$++►d 3 3 &�-{c Art k
. 5 Ire.
L!'0 /(e04 `i 3 � Inn h ci meir
In o- r� Vc.w1O
0 19 . At ov4ve w Sag
Iz 201 ScuAb 3Il 1 -^-
2 - 9 3Len 9nerDel kAt24. 1.1 351
C i «f /3 ,). vi � �i vtglo 5 Ab S 6 ( ed
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gt LOCATION CB # REPAIRMADE MATERIALS
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fr" 11 c16 P"i 5 P a y ( P f; (cz_ m-al I2 lo(\cuA buu, . a 1 L H a- a -u4S
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Awe 4 LS N CY1 ( 15 kcA.v\-
ezt( Uot.c.U.s- 1 (NED - "VD, ‘( ` (- 1)1t5 64- ‘-- tiL
[32.— ocis_ R.Q..;.,Q__57_, wiA-) o'nmcpit„
E RsuCc.o.A �) 7 ti b ice � • c ,�i� t
\C\ l JbP' 3 5t' (fie_. c 'to 3 nths
l(.e. &Jule calp Ca 1bY5 d Y,
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a.�a�os s rv � 2 01 w1��c, �U 3 CLutio S-ati\
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`s- LOCATION CB NUMBER DESCRIPTION
I E 3 r i ' z . ¢ . . u 1 w a LL. 4 / / th i e - i - d . C6 1 5 ( aruKc.
• p i- _- L , r : 7 ---- — {.P2 68
I rt' A ke t. G re i
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1 f th- { t% , J , ='' cLJ� i..it, kir h) S e- tL aic_ i i0 S
ii ' M 1,/ 1t/t� CSCI -4);2, bk.... ,,E l .CL Lb
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li 3 r61 ' °' r)dcurS 6 5 5 4 y "7 o0 I oofS CA_ pipR„
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r -
`
STORM DRAINAGE
Location CB Number • Description 1
� ` 1 ae /Lincoln N I5 3 ?Lail bAaoh 5 .1 of C.6
Eaa /T S+ s 1z.g's I .
S L-1 o m- Pw .R --344 lcicb\uf\ G��C � . ■
W 32 'J�1 S 4 Pc -Q- 34 V ('5 -Efrut. L boned urick.k. S /i.j ■
W 42 V 14 S yl (� 3 % aL1 r VG A.
WVW1 ovin c j� Z /4 ` SE - 3%Z(s broom . CrWiC42-c:; rt.;
\hol2 S4S" -' Z.
W - - y Sb4 Vickc. Ck &Icu o 3SS2iskgz? CLLAio k;.,`?oor Ste) ac, --€.
k-t)4 W90 5W Ua .Curb 37 3 0 5rz-1 e in Z p t c s
440c-jwViP1c, W.udrb . 5,c1 L crzctc o/
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Broken and plugged sto lso a hazard with sharp exposed edges.
1 n 0 ".501. , A
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B ackyard protection due to plugged and broken storm drain pipe
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Utility crew is removing debris from pipe prior to making repairs. 1
1
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Inside of retention vault, note rust damage. (Tank approximately 8' x 40')
1
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I This is a picture of the rust damage inside of retent facility.
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Vactor truck is set up to remove debris from retention facili ty on Tieton Drive. I
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Debris removed from residential neighborhood storm drain.
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,
1 liapter 7.80 STORM DRAINAGE AND SURFACE WATER MANAGEMENT UTILITY Page 1 of
1
1 Chapter 7.80
STORM DRAINAGE AND SURFACE WATER MANAGEMENT UTILITY
' Sections:
7.80.010 Legislative findings and policy.
7.80.020 Creation of storm drainage and surface water management utility.
1 7.80.030 Definitions.
7.80.040 Funding of storm drainage and surface water management utility.
7.80.050 Stormwater funds.
7.80.060 Operating budget.
1 7.80.070 Reserve account.
7.80.080 Stormwater user's fees established.
7:80.090 Equivalent residential unit.
1 7.80.100 Property classification for stormwater user's fee.
7.80.110 Base rate.
7.80.120 Adjustments to stormwater user's fees.
I 7.80.130 Property tax payers to pay fees.
7.80.140" Billing procedures and penalties for late payment.
7.80.150 Appeals of fees.
7.80.160 Severability.
1 7.80.170 Effective date of service charge.
7.80.010 Legislative findings and policy.
1 The city council finds, determines and declares that the streams, rivers, lakes, waterways, groundwater,
and functionally related natural and manmade stormwater control facilities constitute a stormwater control
facility.
•
The city council finds, determines and declares that the public stormwater control facility including its
administration, which provides for the collection, treatment, storage and disposal of stormwater, provides
benefits and services to all developed property within the incorporated city limits. Such benefits include, but
are not limited to: the provision of adequate systems of collection, conveyance, detention, treatment and
I release of stormwater; the reduction of hazards to property and life resulting from stormwater runoff;
improvements in general health and welfare through reduction of undesirable stormwater conditions; and
improvements to the water quality of the stormwater and its receiving waters. Federal and state laws
111 mandate that operation of such systems requires the city of Yakima to implement regional water quality
protection activities and programs to reduce and control the potential to pollute surface waters and
groundwaters by storm drainage originating on both public and private properties:
' The city council finds, determines and declares that development of lands alter both the amount of
stormwater runoff and the amount of pollution contained in such runoff and that the variation in these two
factors constitutes a fair way to determine the burdens imposed upon the system and the benefits of the
' services received by the customer from the pollution management and regulatory services and facilities
provided by a utility for storm drainage and surface water management, and the customer's charges for
management of such burdens and provision of such services and facilities.
The city council finds, determines and declares that the amount of impervious surface, land use, and
1 rainfall will determine the volume of runoff and the general level of pollution from a property has been well
established in both engineering practice and water quality studies by the Environmental Protection Agency,
the Department of Ecology, the United States Geological Survey, the Soil Conservation Service, and
1 others. While the relationships established by the above studies are adequate to assign charges, the city
storm drainage and surface water management utility shall perform local studies and based upon the
results of these may adjust rates and charges in the future to more accurately reflect the burdens imposed
' by customer classes within the city.
The city council finds, determines and declares that to fund the costs of storm drainage and surface water
management in the city, it is necessary to adopt service charges for stormwater users, with rates varying
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according to the services furnished, the burdens imposed or benefits received, and the character, use
and stormwater runoff characteristics of the land. (Ord. 2004 -73 § 1 (part), 2004).
7.80.020 Creation of storm drainage and surface water management utility.
Pursuant to RCW 35.67.010 through 35.67.020 and RCW 35.92.020, there is hereby created a city storm
drainage and surface water utility.
The storm drainage and surface water management utility, under the legislative policy, supervision and I
control of the goveming body of the city, shall perform the following activities within the city:
(1) Administer the acquisition, design, construction, maintenance and operation of the stormwater and
surface water system, including capital improvements designated in the capital improvement program; t
(2) Administer and enforce this chapter and all regulations and procedures adopted thereto relating to
the design, construction, maintenance, operation and alteration of the stormwater and surface water
system, including, but not limited to, the quantity, quality and /or velocity of the stormwater conveyed
thereby;
(3) Advise the city's goveming body and other city departments on matters relating to the utility;
(4) Prepare and periodically revise, as determined by state and federal law, a comprehensive
stormwater management plan for adoption by the city's goveming body;
(5) Develop standards and ordinances relating to stormwater drainage and treatment to apply to new
development and redevelopment;
(6) Enforce regulations to protect and maintain water quality and quantity within the stormwater and
surface water system in compliance with water quality standards established by state, regional and /or
federal agencies as now adopted or hereafter amended;
(7) Annually analyze the cost of services and benefits provided to and burdens imposed by different
classes of customers, and the system and structure of fees, charges, civil penalties and other revenues of 1
the utility, and prepare budgets for adoption by the, city's governing body; and
(8) Perform all other activities allowable by law and required to ensure compliance with state and
federal stormwater and surface water quality laws. (Ord. 2004 -73 § 1 (part), 2004). 1
7.80.030 Definitions.
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter: I
(1) "Average single - family residence" means a single - family residence that has between one thousand
eight hundred and five thousand four hundred square feet of impervious surface area.
(2) "Base rate" means the stormwater user's fee for an equivalent residential unit (ERU).
(3) "City" means the city of Yakima, Washington, a municipal corporation created and existing under the 1
laws of the state of Washington.
(4) "Credit" means the extent to which utility customers meeting specified criteria are billed at a reduced •
fee, such reduction representing a fee credit. The fee credit is provided in recognition that those utility
customers who meet the specified criteria provide an in -kind service or contribution that offsets a portion of
the burdens on the stormwater system imposed by the credited parcel.
(5) "Developed property" means real property that has been altered from its natural state by the
creation or addition of impervious surface areas, such as buildings, structures, pavement or other
improvements.
(6) "Duplex, triplex, and fourplex" mean buildings designed and arranged exclusively for occupancy by I
two, three, and four families, respectively, living independently of each other in separate dwelling units.
(7) "Dwelling unit" means a single unit providing complete, independent living facilities for one family
including permanent provisions for living, sleeping, eating, cooking, and sanitation.
(8) "Engineer" means the duly appointed city engineer for the city of Yakima or his or her designee.
(9) "Equivalent residential unit" or "ERU" means, and is equal to, three thousand six hundred square
feet of impervious groundcover, which constitutes the average impervious surface area contained on single -
family residential parcels within the city. An ERU is the unit of impervious groundcover to be used by the •
utility in calculating service charges for each parcel of property.
(10) "Fee" or "stormwater fee" means the charge established under this chapter for parcels or pieces of
real property to fund the costs of stormwater management and of operating, maintaining, and improving the I
stormwater system in the city.
(11) "Impervious surface" means a surface which is covered with material that is resistant to infiltration
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by water, including, but not limited to, most conventionally surfaced streets, roofs, sidewalks, patios,
driveways, parking lots, and any other oiled, graveled, graded, compacted, or any other surface which
impedes the natural infiltration of surface water.
' (12) "Impervious surface area" means the number of square feet of horizontal surface covered by
buildings and other impervious surfaces.
(13) "Large single - family residence" means a single- family residence that has greater than five
thousand four hundred square feet of impervious surface area.
(14) "Multiple- family dwelling unit" means a building or portion thereof designed for, or occupied by, five
or more families living independently in separate dwelling units.
' (15) "National Pollutant Discharge Elimination System" or "NPDES" refers to the federal permit system
under the Clean Water Act for discharges of pollutants to surface waters of the United States. Congress
amended the Clean Water Act in 1987 to regulate stormwater. Under the revisions, NPDES Phase 11
permits are required for municipal stormwater discharges to surface waters.
(16) "Nonresidential parcel" means a parcel of real property which has been developed for any purpose
other than a single - family residence, duplex, triplex, or fourplex and includes, but is not limited to,
commercial parcels, industrial parcels, parking lots, hospitals, schools, hotels, offices, churches,
governmental parcels and multiple - family dwelling units.
(17) "Small single - family residence" means a single - family residence that has Tess than one thousand
eight hundred square feet of impervious surface area.
I (18) " Stormwater" means that portion of precipitation that does not naturally percolate into the ground or
evaporate, but flows via overland flow, interflow, pipes and other features of a stormwater and surface
water system into a defined surface waterbody, or a constructed infiltration facility.
(19) "Stormwater control facility" means the streams, rivers, ponds, lakes, waterways, groundwater, and
1 functionally related natural and manmade facilities that combined provide stormwater management services
within the city.
(20) "Stormwater management fund" or "fund" means the fund created by this chapter to operate,
maintain, and improve the city's stormwater system.
(21) "Storm drainage and surface water management" means the planning, design, construction,
regulation, improvement, repair, maintenance, and operation of facilities and programs relating to
stormwater.
(22) "Stormwater and surface water system," "stormwater system" or "system" means all properties,
interest, physical and intangible rights of every kind or nature owned, held or operated by the city, however
acquired, insofar as they contribute to the management of storm or surface water. It shall further include,
I without limitation, all such properties, interests and rights acquired by adverse possession or by
prescription, directly or through another; in and to the drainage or storage, or both of storm or surface
waters, or both; and through, under, or over lands, landforms, watercourses, sloughs, streams, ponds, lake
and swamps. In each case or instance, their inclusion begins at a point where storm or surface waters first
enter the stormwater control facility of the city within the city limits, and ends where storm or surface waters
exit from the stormwater control facility of the city, and in width to the full extent of inundation caused by the
1 largest storm or flood condition.
(23) "Storm drainage and surface water management utility" or "stormwater utility" or "utility" means the
storm drainage and surface water management utility created by this chapter as it may be amended from
I time to time.
(24) "Waiver" means that determination by the engineer that a utility customer's property has met the
criteria specified in YMC 7.80.120 to . receive a waiver from paying stormwater fees. Any waiver will require
a showing that parcels that meet the specified criteria provide an in -kind service or contribution that offsets
the burdens on the stormwater system imposed by the parcels subject to the waiver. (Ord. 2004 -73 § 1
(part), 2004).
' 7.80.040 Funding of storm drainage and surface water management utility.
Funding for the storm drainage and surface water management utility's services and facilities may
include, but not be limited to, the following:
' (1) Stormwater user's fees;
(2) Civil penalties and damage assessments imposed for or arising from the violation of this chapter;
(3) Stormwater permit and inspection fees;
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(4) Revenue bonds and /or general obligation bonds; and
(5) Other funds or income obtained from federal, state, local or private grants and /or loans. (Ord. 2004-
73 § 1 (part), 2004).
7.80.050 Stormwater funds.
All revenues generated by, or on behalf of, the stormwater utility shall be deposited in the following
stormwater utility funds and used in accordance with state law:
(1) Fund 441 (for operating funds); or
(2) Fund 442 (for capital funds).
The revenue deposited into these funds shall be used only for the purposes of constructing, acquiring,
adding to, maintaining, conducting, operating, managing, regulating, and controlling the stormwater system,
or to secure the payment of all or any portion of any issue of general obligation bond or revenue bond
issued for such purposes, or for other legal purposes consistent with this chapter. (Ord. 2004 -73 § 1 (part),
2004). 1
7.80.060 Operating budget.
The city council shall adopt an operating budget for the stormwater utility each fiscal year. The operating I
budget shall set forth for such fiscal year the estimated revenues and the established costs for operations
and maintenance, capital improvement projects, and debt service. (Ord. 2004 -73 § 1 (part), 2004).
7.80.070 Reserve account. 1
An operating and emergency reserve account shall be maintained to provide for cash flow, emergencies
and capital improvement project needs. (Ord. 2004 -73 § 1 (part), 2004).
7.80.080 Stormwater user's fees established.
Except with respect to those parcels that are waived from paying fees as described in YMC 7.80.120, the
city shall charge and collect from the owner of each and every developed property in the city a stormwater N
user's fee, which shall be set in the manner and amount prescribed by this chapter. The purpose of this fee
is to fund the storm drainage and surface water utility.
Prior to establishing or amending user's fees, the city shall advertise its intent to do so by publishing
notice in a newspaper of general circulation in the city. The publication date of such advertisement shall
meet public notice requirements of local and state laws. (Ord. 2004 -73 § 1 (part), 2004).
7.80.090 Equivalent residential unit. 1
(1) Establishment. The equivalent residential unit (ERU) is hereby established for purposes of
calculating the stormwater user's fee.
The ERU is the approximate average square footage of impervious surface area on a single - family
residential parcel.
(2) Setting the ERU. The ERU shall be set by the city council from time to time by ordinance or
resolution. Until such time that there is a change in conditions requiring an adjustment to the ERU, it is set
as three thousand six hundred square feet. This value was determined through the measurements of
impervious surface on single - family home residential parcels.
(3) Source of ERU. The city council shall have the discretion to determine the impervious surface area
of developed property through property tax assessor's rolls or site examination, mapping information, aerial
photographs, and other reliable information. (Ord. 2004 -73 § 1 (part), 2004):
7.80.100 Property classification for stormwater user's fee. I
As authorized by RCW Chapters 35.67 and 35.92, the city council finds that variations in the amount of
impervious surface area contained on single - family residential parcels result in differences in the cost to
serve such parcels and the burdens imposed on the system by such parcels. Therefore, residential
customers of the stormwater system shall be divided into three classifications based upon the amount of
impervious surfaces of their parcels: average single - family residences; large single - family residences; and
small single - family residences.
(1) Customer Classification. For purposes of determining the stormwater user fees, owners of all
developed parcels in the city are classified into one of the following classes:
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(a) Average single - family residence;
(b) Large single - family residence;
(c) Small single - family residence;
(d) Duplex, triplex and fourplex; and
(e) Nonresidential parcel.
(2) Average Single- Family Residence Fee. The stormwater fee for an average single - family residence
shall equal the base rate.
(3) Large Single - Family Residence Fee. The stormwater fee for a large single-family residence shall
equal twice the base rate.
' (4) Small Single- Family Residence Fee. The stormwater fee for a small single- family residence shall
equal one -half of the base rate.
(5) Duplex,. Triplex, and Fourplex Fee. The stormwater fee for a duplex, triplex and fourplex shall be
determined using the same methodology as single - family residences, with same designation and rate
for average, large and small.
(6) Nonresidential Fee. Owners of nonresidential parcels shall pay a stormwater fee equal to the base
rate multiplied by the numerical factor obtained by dividing the total impervious surface area of the parcel by
one ERU. The minimum stormwater fee for developed nonresidential parcels shall equal the base rate for
I average single- family residential property. (Ord. 2004 -73 § 1 (part), 2004).
7.80.110 Base rate.
The base rate shall be calculated to provide adequate revenues to cover all costs allowable under
applicable law that are incurred by the utility. The city council adopts the annual base rate as twenty -two
dollars for 2008 and thirty -five dollars for 2009.
' In each year thereafter, the ongoing revenue requirements for the stormwater utility shall be reviewed
and the annual base rates shall be adjusted or maintained as needed. The frequency of adjustments to
base rates thereafter shall be as required to ensure fair and full funding of the program.
I Adjustments to stormwater user's fees as detailed in YMC 7.80.120 will automatically be applied to
commercial, industrial and institutional parcel classes in 2008 and 2009. These credits will sunset in two
years unless proper documentation is received that verifies that the parcels meet the conditions of the
I discounts. For example, if a parcel contains its stormwater runoff in a drywell, the drywell must be
registered with the Department of Ecology. (Ord. 2008 -54 § 1, 2008: Ord. 2007 -55 § 1, 2007: Ord. 2006 -55
§ 1 (part), 2006: Ord. 2005 -62 § 1 (part), 2005: Ord. 2004 -73 § 1 (part), 2004).
1 7.80.120 Adjustments to stormwater user's fees.
Credits allowed under this section shall not be cumulative. Except for the first- and second -year credits
that will be given to all commercial, industrial, and institutional parcels, credits or waivers must be granted
' by the engineer by October 15th of a given year in order for the credit or waiver to be in effect for the
following billing year. Credits or waivers are not retroactive to current or prior billings and are only in effect
for the next billing year Credits or waivers may be in effect for multiple future billing years; provided, that
' ongoing qualifying criteria are met. The engineer will take such time as necessary to process requests for
credits or waivers in an orderly fashion.
(A) Credits for Qualified Stormwater Facilities. The city council recognizes that some parcel owners
have constructed or will construct private on -site stormwater quality and quantity mitigation facilities, which
when properly operated and maintained will aid the city in controlling the overall effects of stormwater
pollution. Parcels or portions of parcels with facilities that meet one of the criteria listed below, to the
engineer's satisfaction, shall receive a reduction of twenty percent from the annual fee charged for that
portion of the site draining to such facilities:
(1) Any commercial /industrial /institutional parcel with a properly constructed and maintained stormwater
facility that meets or exceeds the design requirements of the 2004 Department of Ecology Stormwater
Management Manual for Eastern Washington or an equivalent design manual adopted by the city. Owners
of subsurface stormwater infiltration systems shall provide evidence of compliance with the Washington
State Underground Injection. Control Program in order to receive the credit.
(2) Any parcel that has an active and valid NPDES Industrial Stormwater Permit. A copy of the permit
and the stormwater pollution prevention plan (SWPPP) shall be provided to the engineer.
The property owner is responsible for providing all documentation necessary to demonstrate compliance
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Chapter " /.8O S FORM DRAINAGE AND SURFACE WATER MANAGEMENT UTILITY Page if "
with the above requirements. Documentation shall be by a licensed civil engineer with the state of
Washington. In the event facilities or control measures address only a portion of the total parcel, the credit
will be applied to only that affected portion. The customer must maintain any water quantity and /or quality
control facility in accordance with Department of Ecology maintenance guidelines and appropriate practices I
to ensure proper function and effectiveness of the facility. Commercial /industrial/institutional parcel owners
receiving credits shall agree to allow the city to periodically inspect the subject stormwater facilities. The city
may request documentation from facility owners to verify that proper maintenance has been performed. The I
city may notify owners in writing of maintenance needs or deficiencies. Failure to maintain the facilities
within thirty days after written notice may be cause for termination of the adjustment authorized by this
section.
(B) Credit for Rainwater Harvesting Systems. Upon review and approval by the engineer, owners of
new or newly constructed commercial /industrial lass buildings that utilize a properly constructed and
maintained permissive rainwater harvesting system shall be eligible for a ten percent credit applied toward
that portion of their stormwater charge arising from the building upon which the system is used. Customers
desiring this credit shall apply to the engineer and shall submit engineering design and operational
information as deemed necessary by the engineer to make their evaluation and decision. Rainwater
harvesting and beneficial reuse of the runoff is found by the city council to both reduce the burden imposed I
upon the system by the building by reducing runoff and to also have other beneficial water quality effects
such as reduced consumption of potable water.
(C) Waiver of Utility Fees for Certain Property. The engineer shall waive stormwater and surface water I
utility fees for a parcel falling within the following special categories of property upon a showing that the
parcel meets the following applicable criteria for so long as the criteria are met:
(1) Fees shall be waived for city streets and street rights -of -way, since they act as stormwater
conveyance facilities during large floods. The city streets fund also contributes to the proper operation,
maintenance, repair, improvement, and construction of the street drainage system.
(2) Fees shall be waived for state of Washington highway rights -of -way, so long as the state of
Washington cooperates with the utility in the provision of services and maintains, constructs and improves I
all drainage facilities contained within such rights -of -way as required by the utility in conformance with all
utility standards for maintenance, construction and improvement hereafter established by the utility and so
far as such maintenance, construction and improvements shall be achieved at no cost to the utility or to the 1
city.
(3) Fees shall be waived for municipal, county, state and federal parks, fishing areas, wildlife reserves,
public trails and bike paths so long as their owners cooperate with the utility in the provision of educational
services and water quality control efforts. Fees shall be waived to the degree that such property owners
offset the costs of the utility to manage the burdens imposed by such parcels. Parks, trails and bike paths
have minimal intensity of impervious development and provide opportunities for natural resource education
and development of an appreciation for water quality.
(4) Fees shall be waived for all vacant/undeveloped parcels. The city council finds that such parcels
generally have no improvements built on them, generate little to no traffic, utilize no chemicals, and
generally are in a natural state, thereby imposing no burden upon the system and receiving no benefit from 1
the utility's services and facilities. Information that a property categorized as vacant or undeveloped is being
used otherwise may result in a loss of this waiver. (Ord. 2008 -54 § 2, 2008: Ord. 2007 -55 § 2, 2007: Ord.
2004 -73 § 1 (part), 2004). 1
7.80.130 Property tax payers to pay fees.
The property tax payer of each nonexempt parcel shall pay the stormwater user's fee and charges as
provided in this chapter. Property tax payers seeking adjustments or exemptions shall pay the full fee until
such time that the adjustment or exemption is granted by the city. (Ord. 2007 -55 § 3, 2007: Ord. 2004 -73 §
1 (part), 2004).
7.80.140 Billing procedures and penalties for late payment.
The charges as herein provided for shall be billed annually. Annual stormwater charges totaling less than
fifty dollars shall be due and payable on or before the thirtieth day of April of the billing year. For annual
stormwater charges totaling fifty dollars or greater, the first half of the total charge shall be due and payable
on or before the thirtieth day of April of the billing year and the second half of the total charge shall be due
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hapter 7.80 STORM DRAINAGE AND SURFACE WATER MANAGEMENT UTILITY Page 7 of
1 and payable on the thirty -first day of October of the billing year. Charges shall become delinquent
t hereafter if not paid. Finance charges and late payment penalties for delinquent accounts shall not begin to
accrue until January 1st of the following year. The owner of contiguous parcels having a single land use
I within the categories designated in YMC 7.80.100 may receive a single billing for such parcels.
Collection of delinquencies, interest, penalty, and costs of collection for delinquent utility service charges
provided for herein shall be charged interest on the delinquent balance at the rate of five percent per
I annum, computed on a monthly basis. In addition to any other remedies permitted by law, the city shall
have a lien pursuant to RCW Chapter 35.67, as currently enacted or hereinafter amended, for all delinquent
service charges, including interest thereon, against the real property for which the service charges are
I calculated. Said lien shall have the superiority, and may be foreclosed upon, as described in RCW Chapter
35.67, as currently enacted or hereinafter amended, or other applicable law. The engineer may excuse
delinquencies of less than thirty days.
The city treasurer may use the services of a collection agency to collect delinquent service charges in the
I manner and to the extent provided in RCW 19.16.500 as currently enacted or hereinafter amended. The
collection agency fee shall be added to the amount of the delinquent service charge.
Costs associated with the foreclosure of the lien, including but not limited to advertising, title report, and
I personnel costs, shall be added to the lien upon filing of the foreclosure action. In addition to the costs and
disbursements provided by statute, the court may allow the city reasonable attorney's fees. (Ord. 2007 -55
§ 4, 2007: Ord. 2004 -73 § 1 (part), 2004).
1 7.80.150 Appeals of fees.
(A) Appeal to the Engineer. If an owner of a parcel subject to this chapter, or other responsible party,
believes the stormwater user's fee is incorrect, the owner may appeal the correctness of the fee to the
1 engineer within thirty calendar days of the mailing of the billing for the fee. Such appeal shall be in writing
and shall specify the grounds of the appeal and the requested remedy. The engineer may make an
adjustment to the charges consistent with the criteria provided in YMC 7.80.100 and 7.80.120. Decisions of
I the engineer regarding such appeals shall be final unless appealed to the city council in a timely manner in
accordance with subsection B of this section.
(B) Appeal to the City Council. The decision of the engineer of an appeal filed in accordance with
I subsection A of this section may be appealed to the city council. Such appeal must be in writing and filed
with the city clerk within thirty calendar days of the date of the decision of the engineer. The written appeal
must specify the grounds of the appeal and request a hearing before the city council. The city clerk shall set
I a time and place for the appeal hearing. At the hearing, the city council shall make a final determination
regarding the appeal based upon the criteria provided in YMC 7.80.100 and 7.80.120. (Ord. 2004 -73 § 1
(part), 2004).
I 7.80.160 Severability.
If any section, subsection, paragraph, sentence, clause or phrase of this chapter is declared invalid or
unconstitutional for any reason, such decision shall not affect the validity of the remaining portions of this
I chapter. (Ord. 2004 -73 § 1 (part), 2004).
7.80.170 Effective date of service charge.
The stormwater fee shall go into effect within the city of Yakima on January 1, 2008. (Ord. 2006 -55 § 1
(part), 2006: Ord. 2005 -62 § 1 (part), 2005: Ord. 2004 -73 § 1 (part), 2004).
I This page of the Yakima Municipal Code is current through City Website: http: / /www.ci.yakima.wa.us/
Ordinance 2008 -58, passed December 9, 2008. City Telephone: (509) 575-6037
Disclaimer: The City Clerk's Office has the official version of the Yakima Code Publishing Company
Municipal Code. Users should contact the City Clerk's Office for ordinances Email: cpc @codepublishing.com
I passed subsequent to the ordinance cited above.
Click here to link to recently enacted ordinances not yet codified.
1
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Municipal Stormwater General Permit
Guidance for Cities and Counties
Writing Regulations to Prohibit Illicit
Discharges, Dumping, and Illicit Connections
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DEPARTMENT OF
-W ECOLOGY
State of Washington
August 2008 (updated September 2008)
Publication Number 08 -10 -061
1
Introduction
Washington State's Municipal Stormwater General Permits require permitted cities and
counties to adopt regulations to prohibit non - stormwater, illicit discharges and
connections, and dumping into the permittee's municipal separate storm sewer system
(MS4).
In this guidance, Ecology provides sample ordinance language for the minimum elements
required by the illicit discharge detection and elimination (DDE) component of the
stormwater management program outlined in section 5 of the permit. The guidance also 1
recommends some optional elements that benefit water quality.
Fi $ d �a3
n IDDE requirements inythe following permit sections:
" Vca g ''r.,d.s' t `4"-x Inc �t l` v - - 1
Phase' 1 permit NSection 5C 8 M W~ x a z* '
z t -Phase 11 Western,; Washington permit - Section 5.0 3 *,, , x r erg
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Phase asterntWashington - permit Secti 5.B.3
f a'" `,
II {E
Minimum Required Elements of the Regulations
The municipal permit required c and counties to adopt regulations that:
• Prohibit non- stormwater, illicit discharges and/or dumping into the MS4, 1
• Identify allowable discharges,
• Identify the discharges allowed under certain conditions,
• Prohibit illicit connections to the MS4,
• Define terms used in the code to be consistent with those in the permit,
• Provide administrative procedures within the limits of state and federal law to
investigate the source of illicit discharges into the MS4, including procedures for
inspections to identify sources of illicit discharges, and
• Include escalating enforcement and legal actions to ensure removal of the source
or illicit connection if it is not eliminated by the responsible party.
Optional Provisions 1
1. Water quality protection
Ecology strongly encourages you to expand the code provisions beyond the
impacts on the municipal drainage system to prohibit non - stormwater, illicit
discharges, and dumping into all surface and ground waters throughout your
jurisdiction. This is consistent with the intent of the stormwater permits to protect
water quality. It would enable your local jurisdiction to address all illicit
1 This guidance addresses both explicit and implicit permit requirements. For example, the requirement for
regulations to prohibit illicit discharges does not explicitly list illicit connections. However, such a
provision is necessary to meet the permit condition for implementing a program to effectively require
removal of illicit connections.
1
1
1
discharges and dumping, no matter how the material may reach surface or ground
waters. Many local jurisdictions already regulate discharges to surface and ground
waters.
111 2 Best management practices
Ecology encourages you to require that existing pollution - generating land use
activities implement operational best management practices (BMPs) to prevent
1 illicit discharges. This is a good tool to prevent contaminants from entering the
MS4 and surface or ground waters from potentially polluting sites. Volume IV of
Ecology's Stormwater Management Manual for Western Washington and Chapter
1 8 of Ecology's Stormwater Management Manual for Eastern Washington include
a list of operational source control BMPs for various land uses.
3. Requiring structural BMPs
' Ecology encourages you to add provisions to require the implementation of
structural BMPs if the operational BMPs are not effective at reducing or
eliminating the illicit discharge. You can reference your adopted stormwater
management/design manual's source control volume for information on both
operational and structural BMPs or Ecology's manual references listed above in
#2.
4. Public education as a compliance step
Ecology recommends that you take a public education approach to compliance for
lower- impact residential activities like yard care and car washing. The permit requires
' you to adopt regulations to prohibit non - stormwater discharges. In that ordinance we
recommend that you state that you will take a public education approach to
achieving compliance for these lower impact discharges. This type of statement is
often in the enforcement section. Clarifying this approach may help the public
understand that the regulations, although enforceable, are reserved for specific or
extreme situations.
' 5. Compensation for abatement
Enforcement regulations should include provisions to recover the cost of
abatement if the responsible party does not comply with initial enforcement
actions and the local government eliminates the source. This provision allows the
local government to recover the cost of correcting the violation, and may
encourage compliance.
Illicit Discharge Sample Regulations
This sample language covers the key requirements in the permits and several optional
' elements. Ecology recognizes that there is a wide range of existing provisions related to
water pollution control in local codes. Some local governments will incorporate permit
requirements into an existing code chapter, while others will develop a new chapter of
their code.
Because local governments have a wide variety of existing approaches to inspection and
' enforcement, Ecology is not providing specific language for those elements. Instead, this
guidance includes a narrative description of those elements as well as references to
regional examples representing different approaches.
2
1
1
1
Notes Sample Regulations
Required: The 1. Prohibited discharges.
regulations must Prohibition of illegal discharges. No person shall throw, drain, or
prohibit non- stormwater otherwise discharge, cause or allow others under its control to
illicit discharges and/or throw, drain or otherwise discharge into the municipal storm drain
dumping into the MS4. system and /or surface and ground waters any materials other than
Optional: Ecology stormwater.
strongly encourages
local govemments to
adopt language to
prohibit all harmful
discharges from
entering surface or
ground water.
Optional: The permit a. Examples of prohibited contaminants include but are not
does not require that the limited to the following:
regulations include a list 1. Trash or debris.
of contaminants, but
2. Construction materials.
many jurisdictions 3. Petroleum products including but not limited to oil, gasoline,
include it to provide grease, fuel oil and heating oil.
examples of prohibited 4. Antifreeze and other automotive products.
discharges. 5. .Metals in either particulate or dissolved form.
• The list can be 6. Flammable or explosive materials.
tailored to address 7. Radioactive material.
specific local 8. Batteries.
concerns. 9. Acids, alkalis, or bases.
10. Paints, stains, resins, lacquers, or varnishes.
• Many codes call 11. Degreasers and /or solvents.
these 'Examples of 12. Drain cleaners.
prohibited 13. Pesticides, herbicides, or fertilizers.
discharges" to 14. Steam cleaning wastes.
prevent confusion if a 15. Soaps, detergents, or ammonia.
contaminant is not on 16. Swimming pool or spa filter backwash.
the list. It's important 17. Chlorine, bromine, or other disinfectants.
to include items 28, 18. Heated water.
29 and 30 from the 19. Domestic animal wastes.
sample regulations 20. Sewage.
list to clarify that the 21. Recreational vehicle waste.
regulation prohibits 22. Animal carcasses.
other pollutants not 23. Food wastes.
listed. 24. Bark and other fibrous materials.
25. Lawn clippings, leaves, or branches.
26. Silt, sediment, concrete, cement or gravel.
27. Dyes.
28. Chemicals not normally found in uncontaminated water.
29. Any other process- associated discharge except as otherwise
allowed in this section.
30. Any hazardous material or waste not listed above.
Required: The permit 2. Allowable discharges
lists these discharges The following types of discharges shall not be considered illegal
as allowable. The code discharges for the purposes of this chapter unless the director
should include this list to determines that the type of discharge, whether singly or in
identify what am combination with others, is causing or is likely to cause pollution of
allowable discharges. surface water or groundwater:
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1 Notes Sample Regulations;
• Diverted stream flows.
I • Rising ground waters.
• Uncontaminated ground water infiltration —as defined in 40 CFR
35.2005(20).
• Uncontaminated pumped ground water.
I • Foundation drains.
• Air conditioning condensation.
• Irrigation water from agricultural sources that is commingled
I with urban stormwater.
• Springs.
• Water from crawl space pumps.
• Footing drains.
I • Flows from riparian habitats and wetlands.
• Discharges from emergency fire fighting activities.
Required: Conditional 3. Conditional Discharges
I discharges are listed in The following types of discharges shall not be considered illegal
the permit. discharges for the purposes of this chapter if they meet the stated
conditions, or unless the [director] determines that the type of
discharge, whether singly or in combination with others, is causing
I
Optional: Regarding
item #5, the permit or is likely to cause pollution of surface water or groundwater:
allows discharges from . 1. Potable water, including water from water line flushing,
facilities covered by hyperchlorinated water line flushing, fire hydrant system _
1 another NPDES permit flushing, and pipeline hydrostatic test water. Planned discharges
shall be de- chlorinated to a concentration of 0.1 ppm or less,
This language allows pH- adjusted, if necessary and in volumes and velocities
those discharges as controlled to prevent re- suspension of sediments in the
I long as the facility is in stormwater system;
compliance with its 2. Lawn watering and other irrigation runoff are permitted but shall
NPDES permit. be minimized;
1 3. De- chlorinated swimming pool discharges. These discharges
This prevents a situation shall be de- chlorinated to a concentration of 0.1 ppm or less,
where the regulations pH- adjusted, if necessary and in volumes and velocities
1 may `allow" an illicit controlled to prevent re- suspension of sediments in the
discharge. stormwater system;
4. Street and sidewalk wash water, water used to control dust, and
Optional: In item #6, routine extemal building wash down that does not use
I Ecology recommends detergents are permitted if the amount of street wash and dust
adding criteria for control water used is minimized. At active construction sites,
allowing additional non- street sweeping must be performed prior to washing the street;
stormwater discharges 5. Non - stormwater discharges covered by another NPDES permit,
I to require that the provided, that the discharger is in full compliance with all
SWPPP apply AKART requirements of the permit, waiver, or order and other applicable
to prevent pollution of laws and regulations; and provided, that written approval has
1 surface or ground water. been granted for any discharge to the storm drain system;
6. Other non - stormwater discharges. The discharges shall be in
compliance with the requirements of a stormwater pollution
prevention plan (SWPPP) reviewed and approved by the
I [city/county], which addresses control of such discharges by
applying AKART to prevent contaminants from entering surface
or ground water.
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Notes Sample Regulations
Required: A code 4. Prohibition of Illicit Connections
section prohibiting illicit 1. The construction, use, maintenance, or continued existence of
connections to the illicit connections to the storm drain system is prohibited.
stormwater system is
required. This section 2. This prohibition expressly includes, without limitation, illicit
may be separate from connections made in the past, regardless of whether the
that for prohibiting illicit connection was permissible under law or practices applicable or
discharges. It should prevailing at the time of connection.
clarify that this applies 3. A person is considered to be in violation of this ordinance if the
to connections made in person connects a line conveying sewage to the MS4, or allows
the past. such a connection to continue.
Optional: Definitions of 5. Definitions
terms should be For the purposes of this chapter, the following shall mean:
consistent with those in
the permit to ensure that 1. AKART — All Known, Available, and Reasonable methods of
the code is applied as prevention, control, and Treatment. See also the State Water
intended. The permittee Pollution Control Act, sections 90.48.010 RCW and 90.48.520
may modify the RCW.
definitions from those in 2. "Best management practices (BMPs)" mean schedules of
the permit and define activities, prohibitions of practices, general good housekeeping
additional terms as long practices, pollution prevention and educational practices,
as the modifications and maintenance procedures, and structural or managerial practices
additions do not conflict to prevent or reduce the discharge of pollutants directly or
with those in the permit. indirectly to stormwater, receiving waters, or stormwater
conveyance systems. BMPs also include treatment practices,
The definitions in the operating procedures, and practices to control site runoff, spillage
sample regulations are or Teaks, sludge or water disposal, or drainage from raw materials
derived from local storage.
examples, EPA's 3. "Clean Water Act" means the federal Water Pollution Control Act
example ordinance, and (33 USC Section 1251 et seq.), and any subsequent
the permit. In some amendments thereto.
cases they differ from 4. "Director" means the department director and /or
the permit definitions to designees.
improve clarity and/or
implementation. 5. "Ground water" means water in a saturated zone or stratum
beneath the surface of the land or below a surface water body.
6. "Hazardous materials" means any material, including any
substance, waste, or combination thereof, which because of its
quantity, concentration, or physical, chemical, or infectious
characteristics may cause, or significantly contribute to, a
substantial present or potential hazard to human health, safety,
property or the environment when improperly treated, stored,
transported, disposed of, or otherwise managed.
7. "Hyperchlorinated" means water that contains more than
10mg /Liter chlorine.
8. "Illicit discharge" means any direct or indirect non - stormwater
discharge to the city's storm drain system, except as expressly
allowed by this chapter.
9. "Illicit connection" means any man -made conveyance that is
connected to a municipal separate storm sewer without a permit,
excluding roof drains and other similar type connections.
Examples include sanitary sewer connections, floor drains,
channels, pipelines, conduits, inlets, or outlets that are connected
directly to the municipal separate storm sewer system.
10. "Municipal separate storm sewer system" (MS4) means a
conveyance or system of conveyances (including roads with 1
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Notes Sample Regulations
drainage systems, municipal streets, catch basins, curbs, gutters,
1 ditches, man -made channels, or storm drains):
a. Owned or operated by the [city/county] of •
b. Designed or used for collecting or conveying stormwater;
c. Which is not part of a Publicly Owned Treatment Works
1 (POTW). "POTW" means any device or system used in
treatment of municipal sewage or industrial wastes of a liquid
nature which is publicly owned; and
t d. Which is not a combined sewer. "Combined sewer" means a
system that collects sanitary sewage and stormwater in a
single sewer system.
11. "National Pollutant Discharge Elimination System (NPDES)
Stormwater Discharge Permit" means a permit issued by the
Environmental Protection Agency (EPA) (or by the Washington
Department of Ecology under authority delegated pursuant to 33
1 USC Section 1342(b)) that authorizes the discharge of pollutants
to waters of the United States, whether the permit is applicable
on an individual, group, or general area -wide basis.
12. "Non - stormwater discharge" means any discharge to the storm
' drain system that is not composed entirely of stormwater.
13. "Person" means any individual, association, organization,
partnership, firm, corporation or other entity recognized by law
and acting as either the owner of a premises or as the owner's
agent.
14. "Pollutant" means anything which causes or contributes to
pollution. Pollutants may include, but are not limited to: paints,
1 vamishes, and solvents; oil and other automotive fluids;
nonhazardous liquid and solid wastes and yard wastes; refuse,
rubbish, garbage, litter, or other discarded or abandoned objects
and accumulations, so that same may cause or contribute to
' pollution; floatables; pesticides, herbicides, and fertilizers;
hazardous substances and wastes; sewage, fecal coliform and
pathogens; dissolved and particulate metals; animal wastes;
wastes and residues that result from constructing a building or
' structure; and noxious or offensive matter of any kind.
15. "Premises" means any building, lot, parcel of land, or portion of
land, whether improved or unimproved, including adjacent
1 sidewalks and parking strips.
16. "Storm drainage system" means publicly owned facilities,
including the city's municipal separate storm sewer system, by
which stormwater is collected and /or conveyed, including but not
' limited to any roads with drainage systems, municipal streets,
gutters, curbs, inlets, piped storm drains, pumping facilities,
retention and detention basins, natural and human -made or
1 altered drainage channels, reservoirs, and other drainage
structures.
17. "Stormwater" means runoff during and following precipitation and
snowmelt events, including surface runoff and drainage.
' 18. "Stormwater pollution prevention plan" means a document which
describes the best management practices and activities to be
implemented by a person to identify sources of pollution or
contamination at a premises and the actions to eliminate or
' reduce pollutant discharges to stormwater, stormwater
conveyance systems, and/or receiving waters to the maximum
extent practicable.
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This guidance does not provide sample regulations for inspections or enforcement. The 1
sections below, the examples that follow, and the Frequently Asked Questions at the end
of this guidance provide information on meeting these requirements.
Inspections
Required: The permit requires that the local government initiate an investigation and
follow procedures for removing source of the illicit discharge or the illicit connection. 1
Each local government should develop administrative provisions within the limits of state
law for investigating the source of suspected illicit discharges, dumping and/or illicit
connections. The provisions should outline a process that private property owners and
operators of facilities can understand. In Washington State, in order to enter private
property, a local government must have the owner's permission or authorization from a
judge, except in an emergency situation that presents an imminent threat to public health
or safety. Because there are legal issues around these local procedures, Ecology
recommends you work with your legal counsel to develop these provisions.
Enforcement
Required: The permit requires that the local government enforce the elimination of
illicit discharges, dumping and/or illicit connections. This includes escalating
enforcement and legal actions if the discharge is not eliminated.
Each local government should evaluate how best to amend its existing code to meet
permit requirements. A range of enforcement tools in escalating steps allows the local
government to handle a wide range of situations effectively. The local government may
rely on the existing code if it has escalating enforcement actions, or amend the code it to
add new provisions. The provisions should include a process for the local government to
remove the source of the illicit discharge or the illicit connection if the responsible party
does not do so. Local governments should work with legal staff to develop procedures
that apply to entry onto property to remove the source in situations where the owner
refuses to give permission. (See discussion of escalating enforcement actions on page
11.)
Local Regulatory Examples
Ecology recommends that you consult with your legal counsel about whether the
examples from other local governments referenced below can apply to your jurisdiction.
These references provide examples of language for specific elements. Ecology recognizes
the need for local government flexibility within the constraints of permit requirements.
The examples below refer to specific sections of local ordinances that provide a range of
approaches to form and content for those topics. Ecology cautions that other sections of
these example regulations may not be consistent with the permit requirements.
To find the code, o to Municipal Research and Services Center of Washington at
g P g
http: / /mrsc.org /codes and follow the city or county links the to the code sections in the
following table. 1
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Requiring structural and City of Covington Municipal Code, Chapter 13.35.030 1
q 9 Y 9 P � P O
non- structural BMPs City of Federal Way Municipal Code, Chapter 21 -39
Inspections City of Bellevue Municipal Code, Chapter 24.06.220
City of Redmond Municipal Code, Chapter 13.06.100 and
' 13.06.110
City of Everett Municipal Code, Chapter 14.56.060
Public Education Approach City of Covington Municipal Code, Chapter 13.35.030(2)
' to Compliance
Public Involvement City of Redmond Municipal Code, Chapter 13.06.180.D
Alternative to Penalty
j Enforcement City of Bellevue Municipal Code, Chapter 24.06.280
City of Redmond Municipal Code, Chapter 13.06.160 to 13.06.190
City of Everett Municipal Code, Chapter 14.56.090 to 14.56.150
Compensation for City of Everett Municipal Code, Chapter 14.56.110
Abatement
City of Federal Way Municipal Code, Chapter 21 -41(f)
Frequently Asked Questions
Q: Where should we locate the regulations in our code structure?
A: Local government code structures vary considerably from one jurisdiction to the next.
' As a result, there is no simple answer. The first approach is to evaluate your code to
identify existing stormwater management or water quality regulations that you can
revise to meet the permit requirements. This is the most common approach, but your
' local government instead may choose to create a new, stand -alone chapter. Options
for locating the new chapter are generally:
' • The utilities or public services chapter; or
• The land development chapter with other environmental regulations. For this
option, you may want to place the language that specifically prohibits illicit
connections in the code chapter that regulates the stormwater utility and cross -
reference to the illicit discharge and dumping provisions.
' • In a few cases, these regulations are in the Public Health section, but this is rare.
It is important that the IDDE regulations be in a logical place where the public can
find them. Ecology recommends that you consult with your legal counsel regarding
the best location for the regulations in your existing code. You should also consider
how they fit with additional stormwater regulations you will adopt under the permit
for controlling runoff from construction sites, new development, and redevelopment.
Q: What are examples of "escalating" enforcement?
A: Escalating enforcement actions increase gradually in severity to allow you to tailor
1 the enforcement action to the offense. The local government may adopt
administrative procedures to define the actions and the timeframes for response. The
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enforcement strategy may start with notification or a warning and gradually apply the
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more severe actions if the offender does not correct the problem.
The choice of enforcement tool depends on factors such as the impact on water
quality, whether it was intentional or accidental, or if is a repeat offense. Seeking
voluntary compliance is appropriate for first -time, minor offenders. Serious violations
or continued non - compliance may require a more aggressive enforcement approach
using a stronger tool. Provisions should include a method for appeal.
Some local governments include innovative compliance approaches. For example,
some first -time offenders might contribute time to a public involvement project tied
to stormwater education or pollution prevention instead of paying a penalty. Other
regulations may state that the local government will address lower- impact prohibited
discharges from single - family residences primarily through public education. This
would apply to discharges such as those from car washing, pet waste or yard care at
single- family residences.
This table lists a range of escalating enforcement tools that communities have used to
respond to illicit discharges.
Type of Enforcement
. •- 'Action' - Description ". ... -
Written Warning with • Applies to first time, minor violations (Field staff have
Voluntary Compliance the authority to do this).
• Should clearly state description of remedial measures
Written Notice of Violation necessary, time schedule, penalties assessed if it
Ordering Compliance doesn't happen, and timeframe for appeal.
• Daily financial penalty imposed by a judicial authority
Civil penalties for each day the violation remains unfixed.
• In lieu of enforcement proceedings or penalties,
Community Service in Lieu of impose altemative community action related to
Penalty stormwater education, e.g. storm drain stenciling.
• Applies to intentional and flagrant violations of
ordinance.
• Each day discharge continues is typically a" separate
offense.
Criminal Prosecution • Can result in fines and imprisonment.
• Applies when ordinance continues to be violated.
Emergency Cease and Desist • Requires immediate compliance with ordinance by
Order halting operations/terminating discharges.
• Applies to illicit connections to MS4 or to illicit
discharges in emergency situations or continued
Disconnection from the MS4 failure of the property owner to comply.
Modified from the Center for Watershed Protection's Illicit Discharge Detection and Elimination: A
Guidance Manual for Program Development and Technical Assessments (2004).
Q: Which local government department should administer the regulations?
A: Each local government determines how best to administer the regulations within its
specific structure. The regulations you adopt should identify the responsible
department. Many designate the public works director as the administrative authority.
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1 However, some smaller jurisdictions might choose to have the planning director
administer inspections and enforcement. Ecology recommends that each local
government determine the most efficient and effective internal structure to implement
1 the ordinance in the context of its entire stormwater management program.
Internal departments need to coordinate with each other to implement the regulations.
Public works staff inspects and maintains the stormwater drainage system and may be
more likely to observe illicit discharges and connections. Your local government may
decide to have operations and maintenance (O &M) staff assume IDDE inspections.
' Public works staff must coordinate with the planning department if planning is
authorized to administer the regulations.
' The permits require that you also train other local government staff likely to
encounter illicit discharges in the course of their work. Your program will be more
effective if staff from planning, building inspection, assessor's office, law
enforcement, emergency services, fire department, and water, and sewer - system
maintenance know how to recognize, report, and respond to illicit discharges and
connections.
1 Q: How does the municipal regulatory oversight interface with Ecology's Industrial
Permit program?
' A: The permit requirements to prohibit illicit discharges explicitly exempt non -
stormwater discharges covered by another NPDES permit. This is in accordance with
permit Section 2.B. This guidance (see page 5, section 3 conditional discharges, item
' #5) suggests optional language to condition that exemption upon compliance of the
facility with its NPDES permit.
The local government is not responsible to regulate discharges from industries (and
1 other facilities like sand and gravel operations and boatyards) that operate under
another NPDES permit. However, it should coordinate with the facility and Ecology
in situations such as a spill from the facility into the MS4.
The local government is responsible for preventing polluted discharges from entering
its MS4 and should report spills and suspected permit violations to Ecology?
' Ecology's Industrial Permit Inspectors will follow up with the facility and will
coordinate with the jurisdiction as needed and with the Ecology Municipal Permit
Manager.
1 Q. What requirements for protection of groundwater are included that apply to
Underground Injection Control (UIC) wells?
' A: UIC wells (also known as drywells) that receive discharges from the MS4 effectively
function as outfalls to ground waters of the state. An MS4 is a stormwater
conveyance system that discharges to surface water. At the same time, parts of that
1 MS4 also may discharge to ground water via a drywell.
2 Ecology guidance for reporting illicit discharges and spills is online at
http: / /www.ecv.wa.eov /biblio /0710089.html . Ecology asks local governments to call your Regional office
to report concerns and/or to use our online reporting form for environmental
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Ecology regulates UICs under its UIC rule (WAC 173 -218). The Municipal 1
Stormwater General Permits do not regulate discharges to ground water (see permit
Section 2.A.1). However, as described in Ecology's Guidance for UIC Wells that
Manage Stormwater (Publication number 05 -10 -067, available at 1
http: / /www.ecv .wa.gov /biblio /0510067.html), UIC wells must meet a "non-
endangerment standard." Permittees can meet the non - endangerment standard and
fulfill the operation and maintenance requirements of the UIC program by applying
their Stormwater Management Program requirements to the areas served by UIC
wells.
If the jurisdiction adopts the narrower scope of IDDE regulations limited to permit
requirements to prohibit illicit discharges into the MS4, the regulations do not apply
to stormwater discharges to ground water through a UIC. However, if the local
government chooses to exceed permit requirements and adopt IDDE regulations that
apply to all stormwater discharges to surface and ground water, the regulations would
apply to all stormwater discharges to ground water, including UICs. - 1
For more assistance:
Ecology Municipal Stormwater Permit Regional contacts 1
Island, Skagit and Whatcom Counties Christina Maginnis 360 - 715 -5212
cmag461(&ecy.wa.gov
Phase II Cities within Kitsap and Sarah Davenport-Smith 425 - 649 -7263
Snohomish Counties sada461(aecy.wa.gov
Phase I Permittees (City of Seattle, Rachel McCrea 425- 649 -7223 1
King and Snohomish Counties) rmcc461(ecy.wa.gov
Phase II Cities within King County Anne Dettelbach 425 - 649 -7093
adet461Cu�ecy.wa.gov
Clallam and Pierce Counties and the Kurt Fremont 360- 407 -6364
Port of Tacoma (Phase I and Phase II) kufr461(@ecv.wa.gov
Clark, Cowlitz, Grays Harbor, Lewis, Greg Winters 360 - 690 -7120
and Thurston Counties gwin461@ecy.wa.aov
Benton, Chelan, Douglas, Kittitas, and Terry Wittmeier 509 - 574 -3991 1
Yakima Counties twit461(ecv.wa.ciov
Asotin, Franklin, Grant, Spokane, Walla Dave Duncan 509- 329 -3554
Walla, and Whitman Counties ddun461(&ecy.wa.gov
WSDOT Statewide Permit Bill Hashim 360- 407 -6467
bhas461(&ecy.wa.gov
Port of Seattle Ed Abbas' 425 - 649 -7227
eabb4610ecy.wa.gov
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Municipal Research and Services Center of Washington
2601 Fourth Avenue, Suite 800
Seattle, WA 98121 -1280
206 - 625 -1300
http. / /mrsc.org /contact.aspx
1 The Municipal Research and Services Center (MRSC) is a private non -profit research and
information service for Washington State city /town and county government officials and
employees. Legal and planning experts are available to answer questions for city /town
1 and county staff and officials.
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I you need this publication in an alternate format, call the Water Quality Program P .f Q �' gr am at
360- 407 -6700. Persons with hearing loss, call 711 for Washington Relay Service.
1 Persons with a speech disability, call 877- 833 -6341.
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INTERGOVERNMENTAL LOCAL AGREEMENT
1 FOR STORMWATER PERMIT COMPLIANCE ACTIVITIES
BETWEEN
YAKIMA COUNTY
I AND
THE CITIES OF
1 YAKIMA, UNION GAP AND SUNNYSIDE
June 5, 2009 Draft
I THIS AGREEMENT is made and entered into between c °akima County, a municipal
corporation of the State of Washington, hereinafter referred t "C ounty ", and the Cities of
Yakima, Union Gap and Sunnyside, all being municipal corporations h ereinafter referred to as
1 "Yakima ", "Union Gap" and " Sunnyside" respectively, o `Citi s ". whe ' all, or "City"
when it is either Yakima, Union Gap or Sunnyside; and 3,,
WHEREAS, Yakima County and the Cit esof Yakima. Union Gap and Sunnyside are
required to comply with the State of Washin_ on it in sastern £Vashington Phas1I Municipal
Stormwater General Perm, hereafter referred to as "Pernut" and;
I WHEREAS, the County and Cities formed the Regional Stormwater Policy Group to
ascertain the most cost beneficial course Hof action for the Pa es in order to provide the best
value to their citizens concerning NPD �stormwater pl.. ® d elopment for respective
I Municipal Separate Storm Sewer Systems; and, .
WHEREAS, the cons tants hired by ' e gional torrnwater Policy Group to analyze
Municipal Separate Storrnf.:Se ystem storn ater plans , ave provided value engineering of
the plans and identified regiona portunities to educe costs and; and,
WHEREAS; th ` P c unty an Cities ackno ed . e the financial and consistency benefits of
I a regional plan following w gab en't died joint tan studies and agree to apply as primary and
co- permittees t® m- the Pe; t requirements of regulated small MS4s, as allowed under the
Permit; ane
l
1 44t REAS, the ty an• iC es have agreed that the County would administer and
mana ' -rmit as the p = ` ary p ermittee with Cities as co- permittees for the respective
Municipal ®arate Storm Se er Systems; and,
WHE' i the Coin and Cities under RCW Chapter 39.34, have the legal authority to
enter into interloca agreements for the sewerage and stormwater management programs within
I its boundaries consis - t-. with relevant laws; and,
WHEREAS, the County and Cities have authority to operate and maintain storm and
surface water management systems and many other services as provided for under their relevant
1 laws; and,
WHEREAS, the County and Cities have enjoyed a strong and effective partnership under
I an existing ILA for permit years 1 through 3 and cooperation through the Regional Stormwater
Policy Group; and,
1 Stormwater- Yrs4and5 4Jun.doc 6/5/2009
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WHEREAS, the County and the Cities have realized significant savings and cost 1
avoidance in the amount of $295,000 in regional stormwater program partnership; and,
WHEREAS, the County and the Cities would like to continue the regional stormwater
approach for public benefit; and, 1
NOW, THEREFORE, in consideration of the covenants and agreements to be kept and
performed by the parties hereto, it is agreed as follows: I
Section 1. Definition of Terms '12,.
.,
Wherever the following terms are used in this agreement e shall have the following
meaning unless otherwise specifically indicated by the context n whit �,ley appear:
A. Area of Geographic Responsibility for the Citie; the City imits. The Area of
Geographic Responsibility for the County is _ he 2000 Census urb �p zed areas and the
urbanized growth areas of the co- permittee under the jurisdictional ontrol of the
County. This area constitutes the geograph"i bounda sed by Ecology to define the
area of the Permit. The area does not include e:'° lim'ts of other cities within the 1
county who may be a single permittee or are'otherwise exempt from the Eastern
Washington Phase II Municipal Stormwater Permit.
w 1
am ,
B. BMP means Best Management Prac c"an"d ay include, t ' .utis not limited to, a schedule
of activity, prohibition of practic mai , ten.,1 ce proce ® ire, and structural and/or
managerial practice that, when used�ingl - r bo 61bination, prevents or reduces the
release of pollutantsrandzother adverse i ® ®a cts to rec vmg waters.
1
C. Board or BOC eans eBoarcd of Yakima County Commissioners, its governing body.
D. Capital Impro merit Project (CIP) is a�cAnstructed project facility such as a road
1
improvement or sto V ter,conirol fa '
cility th. s generally of a durable nature.
,(CEO) m �s
ea
E. Chip " the designated City official responsible for
_ �ee�Ve Offieer� :�
managing the e - o day - a siness affairs of City. This is either the City Manager for
Council -Manage or ayor fors •;. • ' yor- Council city government.
F. . ' cil means the City Council, governing body of a City.
G. Ecolo p .. eans the Was 'ngton State Department of Ecology.
H. Monthly Se Charge means the monthly portion of the annual costs distributed 1
between the y esw�and paid to the County to perform tasks identified in this Agreement
and Appendix A.
I. Municipal Separate Storm Sewer System (MS4) means a conveyance, or system of 1
conveyances (including roads with drainage systems, municipal streets, catch basins,
curbs, gutters, ditches, manmade channels, or storm drains) owned or operated by the 1
Parties that is designed or used for collecting or conveying stormwater; which is not a
combined sewer; and which is not part of a sanitary sewer.
1
Stormwater-Yrs4and5_4Jun.doc 6/5/2009 1
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I J. Operation and Maintenance (O &M) means the regular performance of work and
corrective measures taken to repair facilities.
K. Person means the State of Washington, any individual, public or private corporation,
1 political subdivision, governmental agency, municipality, industry, co- partnership,
association, firm, trust, estate or any other legal entity whatsoever.
I L. Party(ies) means the individual or collective members of this Interlocal Agreement:
S:i
Yakima County, City of Yakima, City of Union Gap, City of yside.
M. Public Services Director means the designated County official responsible for managing
I the RSPG business affairs for Yakima County. �,
N. Regional Stormwater Policy Group (RSPG) is , : o anizati for med consisting of
representatives from the . Parties whose main o se is to review and make
I recommendations on regional stormwater pol is e s required under the Pc 't as well as to
alt u1
assist in dispute resolution between the Parties;_ ,
I O. Service Rate is a rate billed to residents and busi'nes is within a Party's ° jurisdiction to
support their stormwater program
P Systems Development Charge . i st T ae billed to appli w ithin a Party's jurisdiction
proposing construction or developmen achy ties to cove t he east of review and approval
of the applicant's project to ensure c p cee 'th the Per it.
I Q. Total Maximum Dail Load TMDL %means a site pecific allocation of water -borne
pollutants froml iar , to a partic nr receiving water to comply with the State's
surface water q ; airty crit- a
I R . Undergrounl In jection Co of (UIC) me a well that is a manmade subsurface fluid
distribution system iesi t d scharge fluids into the ground and consists of an
assernblageperfor ed pes, + . es, or s mechanisms, or a dug hole that is
doper than arge s ace dimension (WAC 173 -21 -030). . UIC systems include
e ells, pipe o"r French d . s drain fields, and other similar devices that are used to
c ischarge stormwate h irectly =into the ground.
-ii Section 2. 'transfer of Respon
I A. Purpose. a . purpose forithis Agreement is for the Cities to continue the responsibility and
authority for the i nan agemenl of the Permit to the County with certain responsibilities retained
by the Cities as specified n Appendix A of this document. The responsibilities of the Parties are
I defined in this Section f. d Appendix A.
B. Limitations. The ownership and maintenance of facilities remains the responsibility of the
Parties within their respective jurisdictions unless specifically noted otherwise. The following
1 stormwater program items for each Party, are not covered under this Agreement and are not
included in the estimated program costs:
I • Stormwater Equipment Funding
I Stormwater-Yrs4and5_4Jun.doc
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• CIP Funding
• Program Funding Mechanism
• Stormwater Program Reserve Funding
I
• UIC Program requirements of Chapter 173 -218 WAC
C. Division of Responsibilities
1. County will administer the Permit with the Cities maintaining s`. ecific functions, as
defined in Appendix A and Exhibit A.
2. Parties will collect rates within their respective jurisdict ® k support the Permit and
program activities defined by this Agreement.
3. Cities will provide those items and activities ®t he County necess. �" okrun the program
1
and maintain compliance in accordance '' e Pernit schedule, formats • ev eloped in
accordance with Section 3B of this Agree men 4a annuale�porting requirements.
4. During the term of this Agreement, Parties will` _ 44.aintain all stormwater facilities at a I
level as specified in the Permit and in order to retain ermit compliance.
Section 3. Ordinances Plans and Standards1
ill
A. The Permit requires implementation of oordinane , that prohibi "I icit discharges to the MS4,
require erosion and sediment controls at " ons r sit=es, and require post - construction
stormwater controls at ne •e o•ment and reL-d e i'o lopmeni` ' es. Cities agree to notify County 1
of apparent violations • " e , ect ordinanc of which` it has knowledge, and which may
constitute a violation . e Perini:
B. The County will imp . ent th - ``fie • uirements described in the Permit as the primary permittee
of the Parties in. . 's Agre m• e • • r• e . ; ,k,, , erfthe County to successfully meet the Permit
requirement e ® . - will `0.ecify the • ata rormat and timeline for those items and activities 1
that Ci ae will prove: - 4 the ounty that are necessary to run the program and maintain
m .
co # c in accordanc - th the . P . schedule (Appendix A). Cities will then provide all
required . i ation in acc r c : ce w the requested format and timeframe.
1 TwA
Section 4. Procedure for Modifying the Division of Responsibilities
A. Responsibilie:'defmedAn this Section and Appendix A may be modified from time to time
1
with approval in writing ,b ; each City CEO and the Public Services Director.
B. Responsibilities defined in this Section and Appendix A may be modified after mutual
agreement with Cities and determining the change is necessary to comply with state and/or 1
federal permits, laws and/or regulations. County shall not change the scope of Cities
responsibilities without mutual agreement with Cities unless there is a change in the Permit or
the Cities have failed to correct any identified instances of nonperformance related to said
Permit.
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I C. Upon reasonable notice from the Cities to the County or from the County to the City(ies), the
County may assume or relinquish responsibility for any portion of the program defined in this
Section and Appendix A. Reasonable notice shall be at least six (6) months, unless mutually
I agreed to in writing by County and Cities. Corresponding adjustments to the cost allocation shall
be made at the same time to reflect the change in responsibility upon implementation of such
changes. Parties shall be responsible for correcting or paying to have corrected any deficiencies
I from non - performance of the programs under their respective responsibility.
D. If Cities' responsibilities are not performed in a timely m7:i ,,. Co
and unty determines that
such tasks must be performed, County may, at its sole discretion after consulting with the
1 CEO(s) of said Cities, perform such tasks and add the costtcharges: otherwise due from the
responsible Cities.
Section 5. Additional Party Responsibilities ,
A. In order for the County to fulfill the requirements of then Permit, it is an ipated that the
County will occasionally require access to the Cities MS4 ;$,Cities will allo the County
access at any reasonable time upon reasonable not ce to,f cilita e permit compliance within
City and City Area of Geographic Responsibility.
I B. The Parties will continue to participate the RSPG to coordinate the regional stormwater
quality effort. The RSPG shall endeavor t 0 ee , least quarter y to discuss status of permit
compliance and address policy questions n
C. UIC Program. Where UIC.s are a part ofthe,0 *blic M t 4 itl e Parties will manage them and
1
report their activitie r ordan a with tli,sterms of this agreement and the Permit. This
does not relieve Partie=s • om other `UIC requirements under the UIC Program
1 administered b ® . . (Exhi it A)
D. Parties will perform n °te .' e r IP within their area of geographic responsibility when
I permit a cities id a oerniit vio atiotli
E. Parties use exi fit. and ture equipment sharing agreements when possible rather than
• : c as m
e new equip ti • . keep t O &M costs down.
Section 6. etermination o osts; Operating Procedures and Rules Relating to Expenses
1
A. Determine onNof Costs and Division of Expenses
1. Unless otherwise dentified the Costs to complete tasks identified in this agreement
and Appen'� will be distributed on the following percentage basis, as agreed to by
the Parties a d
I based on relative numbers of households in each community:
• Yakima County 15%
I • City of Yakima 70%
• City of Union Gap 5%
1 • City of Sunnyside 10%
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2. Upon request, some tasks identified in this agreement and Appendix A will be billed on
a case by case basis to a specific City, such as: construction plan review, post -
construction plan review, illicit discharge investigation, and specific training events
outside the scope of this agreement. These activities must be requested in writing by
the City, acknowledged by the County, and will be billed at actual County wages with
fringe benefits and overhead.
3. The distribution of costs will remain fixed for the duration w0f this agreement, per
Section 6.A.1 above. In the event one or more of the ° arties 'thdraws from this
Agreement, the Parties shall update said Section.
4. Not later than May 15 annually, the Public Service # 1 irectorr all prepare a report of 1
the costs associated with the past permit perks, (F . 1. ,* F ebruary 15) and a
forecast of the cost predicted for the next pe it period. i
5. The County will bill for its services mnthly, de an actual wag sd benefits
expenditure basis plus overhead.
6. In the event a Party withdraws from or is for any=Yre on removed from this Agreement, r
then that Party shall be financially responsible for the.actual percentage of that Party's
total annual costs that have be impended or obliga ed�under the Agreement on that N
Pa behalf as of the date of aw..r removal. ,'•P. y's unpaid obligations or
overpayments under this subsectio .shall e „- AI
compensated to the appropriate Party
within forty five (45) days of th- : withdra' remrioval. The County's financial 1
�
records for this '` e aunt shall be re - upon for determinations required under this
subsection.
B. Operating Proce ''s.' elating Expenses 1
y
1. The County sh. 1 es A s •ar . to ac :punting codes for the purpose of tracking all
- , ®erases . a d servr:'e harges p t to the Agreement.
The Part Qe "
�: ay at an easonable time upon reasonable notice inspect and audit the
books and re ® d' s of the :C m ty with respect to matters within the purview of the
Aim
' 1
3. ies shall each prepare and submit to the County a performance report of the
Pe t,ianctions :f or which each is responsible. The requirements, frequency and
conten - o the performance report will be specified in a format to be developed in I
accordane with Section 3B of this Agreement.
4. The Citie ° shall pay the monthly service charge to the County no later than the 15`
I
day of each month.
5. Payments from Cities to the County overdue by sixty (60) days will be considered I
late.
6. Interest may accrue on late monthly payments to the County as specified in Section
6.B.6 of this Agreement at a rate of 1.25 times the monthly Local Government 1
Stormwater- Yrs4and5 4Jun.doc 6/5/2009
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I Investment Pool (LGIP) earnings rate as posted for the previous month, and will be
applied each month to the unpaid balance.
C. Parties will report total stormwater program income and expenses using the Budget,
1 Accounting, and Reporting System (BARS) format found in Appendix B. At a
minimum, parties will report annual total program income and expenses for each
calendar year, due to the County no later than March 30. The County will compile the
1 reports and include the reports with the annual budget reporti`e`ntified in Section 6.A.4
(above). The RSPG may request reports more frequently. :
D. Ecology permit fees are billed to regional co- permittees • i the co- permittee
with the largest number of households, and billing that P. at� the standard Ecology
Stormwater Permit rate for that municipality. _ e'Cjty of Yal a will continue to
receive an invoice for the permit fee from Ecology. The City of Y a will submit bills
I to the other Parties for their respective share of the Ecology Stormwater P ermit fee,
according to the cost sharing schedule ide in Sect 6.A.1.
1 Section 7. Administrative and Operating Provisions ,, ,J•,
A. Insurance. Each Party shall obtain end maintain in full fo and effect for the term of this
I
agreement, at its own expense, comrehensive general liab'lity and automobile insurance
policies for bodily injury, to include Viand property damage including coverage for
owned, hired or non -owned vehicles, as r pl cah e . for the protection of the Party, its elected
e
and appointed officials, officers, agents,` -employees d'`'volunteers. The policies shall be
1 p rimary policies, issu- • ,• ompany auth zed to doo busi in the State of Washington,
or in City or Co , Ris p ool and prov single limit general liability coverage of
, tbile coverage , $1,000,000 000 000 or the limit of liability contained
s .=ate autom
x
I $2,000,000 and in State law, whichever i ?s greater. If either par its unable to obtain insurance as required by
this paragra•h, the `ales) s eoeper-.ate n aamending this Section to require types and
I levels o '.;6 stir �r that ar- a.vailabl e e i ficates shall provide that the other Parties will
receive ° thirty . 01,Vs s written notice of cancellation or material modification of the
insffince contract a the addregil si fed below. Each Party shall provide certificates of
ms •ce to the othe Parties prior to the performance of any obligation under this
agreem t. If requested, complete copies of insurance policies shall be provided to the other
Parties. Lach shall be financially responsible for their own deductibles, self-insurance
retentions, se
I
nsuranc or uninsured risks.
B. Indemnification. 'I agreement is for the benefit of the Parties only. Each Party agrees to
indemnify and hol `harmless the other Parties and their officers, employees, and agents, from
1 and against all claims, demands and causes of actions and suits of any kind or nature for
personal injury, death or damage to property or the environment on account of or rising out
I of the operation of this Agreement, by the indemnifying Party, including the performance or
non - performance of duties under this Agreement, or in any way resulting from the negligent
or wrongful acts or omissions of the indemnifying Party and its officers, employees, and •
agents. In addition, each Party shall be solely responsible for any contract claims, delay
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damages or similar items arising from or caused by the action or inaction of that Party under
this agreement. Inability to perform a required activity or to properly perform due to
insufficient information or direction from the County per the agreements set forth herein is
not a negligent act, omission or willful misconduct of the Party charged with said
performance. Performance of any activity in compliance with this agreement, the permit, or
the Standards as adopted by the Parties is not a negligent act or omission or willful
misconduct. 1
C. Notice of Violation or Fine. The Parties acknowledge that ' ty , "
Co `. lead agency, may
receive notices of violation or fines from state or federal agencies for violations of state or
federal rules. As the lead agency and the entity that establi w es Standards and controls '1
payment, County shall be responsible for responding to ngtices o o . tions. County shall
invite the responsible City to participate in any dis ssionns with stat `.:. -d federal agencies
regarding notices of violation involving City actions or responsibility. , esponsible City I
will cooperate with County in the investigation and rest nse to any no' ce of violation
involving actions relating to actions or response ii yes o :i Cit County settlement of
permit disputes with Ecology that involve Cities shall;b with consent of said Cities. If 1
a fine is imposed, the responsible city shall pay the e, to the extent that the fine results
from non - performance of adopted pr'grarns or non - compliance with County, state, or federal .
rules or policies by the City and those a. "p 'g,,on behalf of iii- City` The City shall pay prior I
to the date due for payment of the tile. .goretthan o �e arty is responsible, each
responsible City's .responsibility for payment i' be • bated based on the degree of
responsibility and degr - o f ault of each reprisible _Ci 1 isputes over the amount a Party 1
is responsible for shy. 4 . -; -1ved by the dispute resolution process set out in Section 8 of
this Agreement.
D. Delegation. Nothing this A:eement shall be ' nstrued as a limitation upon or delegat
of the statuto w and ho j , - g po ers ny �t ay participating in this Agreement, nor as a
delegati0 . � , <.® won o � � e statuto � sowers of County. This Agreement shall not limit
any t or reme ®, ava i lab ,A o C or County against third parties arising from illegal
$$
ac :1,o such third p e `
Section 8 E "ispute Resolution;' erred e s
A. In the eve q-,of a dispute .etween the Parties regarding their respective rights and obligations
-,;
pursuant to greem', the disputing Parties shall first attempt to resolve the dispute by
negotiation. I dispute is not resolved by negotiation, the exclusive dispute resolution
process to be utilized `:y the Parties shall be as follows:
1. Step 1. Upon failure of those individuals designated by each Party to negotiate on its 1
behalf to reach an agreement or resolve a dispute, the nature of the dispute shall be put in
writing and submitted to City's CEO and the County Public Services Director, who shall
meet and attempt to resolve the issue. If the issue in dispute is resolved at this step, there
shall be a written determination of such resolution, signed by City's CEO and the County
Public Services Director, which determination shall be binding on the parties. Resolution 1
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I of an issue at this step requires concurrence of both parties' representative. If not
resolved in thirty (30) days, this issue may be taken to Step 2.
2. Step 2. Upon failure of the City's CEO and the County Public Services Director to
I negotiate on its behalf to reach an agreement or resolve a dispute as provided in Step 1,
the nature of the dispute shall be put in writing and submitted to the respective officials
of the RSPG, who shall meet and attempt to resolve the issue. If the issue in dispute is
1 resolved at this step, there shall be a written determination o h resolution, signed by
City's CEO and the County Public Services Director, v ich de ermination shall be
binding on the parties. Resolution of an issue at this step r equires concurrence of both
1 parties' representatives. If not resolved in thirty (3 ) ays, h issue may be taken to
Step 3. �� °d
I 3. Step 3. In the event a dispute cannot be resolved at tep 2, the Par shall submit the
matter to mediation. The Parties shall atternp to agree on a mediator 1 the vent they
cannot agree, the Parties shall request a 4 l istof fives) mediators forhe American
Arbitration Association, or such other entit or firmroviding mediation services to
I which the Parties may further agree. Unless the disp Parties can mutually agree to
one mediator from the list provi each Party shall sttr strike a name in turn, until only one
name remains. The order of strikngnames shall be determined by lot. Any common
I costs of mediation shall be borne figilliby the disputing P who shall each bear
their own costs thereof. If the issuis resolvedtat this step, a written - determination of
I such resolution shall be signed by�h'oth P ar tie s. e of an issue at this step
requires concurrent ®th Parties.
3. Step 4. If dispute s not settled ` ' A Step 3, either Party may request binding
r arbitration. hh artties shall agree, within e 10) days, on an arbitrator who shall be an
attorney licensed o praehice a. in Was)v. ngton (or a retired attorney) or a retired
Washington udge, t esol 6 " spate. If they are unable to agree on an arbitrator
t hin t en ` ( `� y s, then each Party s all appoint an arbitrator. The two arbitrators shall
choose a third.' C he choi = of the second or third arbitrator is not made within ten (10)
• of the choo = f the p o arbitrator, then either Party may apply to the presiding
1 ..
Pie e .f the judicial. di tract & Yakima County to appoint the required arbitrator. The
arbit .tor shall pr® according to the Washington statutes governing arbitration,
I and the w. d of the ,ar i trator(s) shall have the effect therein provided. The arbitration
shall take pace in ° , akima County. Costs of a single or any third arbitrator shall be
shared equally th Parties. Each Party shall pay their own arbitrator. The arbitrators
I may allow disc as provided by Washington law and may grant any remedy or relief
which the arbitrator(s) deem just and equitable and within the scope of the agreement of
the Parties, including, but not limited to, specific performance of any obligation created
I under the agreement, any interim or provisional relief that is necessary to protect the
rights or property of the Parties, or imposition of sanctions for abuse or frustrations of the
arbitration process.
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B. Parties may mutually agree in writing to waive any of the above steps, or to enter into
alternate processes or additional processes.
Section 9. Attorney Fees
In the event any Party shall institute arbitration as set forth in this Agreement (or any other 1
dispute resolution proceeding) against any other Party to this Agreement, in any way arising out
of, connected with or relating to this Agreement, the prevailing Parry ;in that arbitration (or any
other dispute resolution proceeding) shall be entitled to recover
ecover, ,, ii' ddition to all other 1
appropriate relief , the prevailing Party's costs and reasonable '.rney fees incurred in that
(or any dispute proceeding), or an other dis ute resolution roceedin ,
arbitration said ,0"6" 4k-to be set by the arbitrator
(or courts) before which the matter is tried, heard or decided. .
44 k
Section 10. Modifications or Amendments
No amendment, change or modification to this Agreement shall be valid. ess in writing and III
adopted and signed by all the Parties hereto. '`
Section 11. Final Agreement/Merger �1
This Agreement contains the fmal and entire agreement betw the Parties and is entered into
with the understanding that all prior discussions, representation and agreements are merged into
this Intergovernmental Agreement. b' g
Section 12. Duration
This Agreement is for Ye. , . d 5 of the_ ` t (Feb 16, 2010 through February 15,
2012) and will be revi : e• . r,. Parties at th end of the ourth year (February 15, 2011) for
consideration of co o Ming the VIreement beyond the five (5) year permit cycle, and for
potential amendment o -, ; .onsibi ties. '
A decision and 'tten co trnent dand extend the Agreement for the new five -year
permit (20 01 quir •'from all arties within the first three (3) months of the fifth 1
permit .} . (May 15; 0. 1 or < �, greement terminates at the end of year five (February 15,
2012, .
Section 1 .. T Termination 1
Parties may t - 0 .ate their di igations under this Agreement for the reasons listed below. The
Permit requires co - ermitte-s• hat share responsibilities to notify Ecology of any /all amendment
or termination actio
A. If a Party materially d efaults in the terms of this Agreement and such default continues for a
period of more than thirty (30) days after written notice from the Public Services Director to 1
the defaulting Party specifying the nature of the default. If the default cannot reasonably be
cured within thirty (30) days, such default shall be a material breach if the breaching Party I
fails within thirty (30) days of written notice to commence and pursue curative action with
reasonable diligence. One Party's termination by default does not constitute termination of
1
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I the Agreement by the remaining Parties. This Agreement will be modified to define
financial obligation of the remaining Parties.
B. If the provisions of this Agreement become impracticable due to a change in the law or other
1 changed circumstances, which did not exist at the time of the signing of this Agreement.
C. Any Party may withdraw from the Agreement upon thirty (30 days written notice to the
I
other Parties. Withdrawal of one Party does not constitute termination of the Agreement by
the remaining Parties. In the event of a Party's withdrawal this Agrent will be modified
to define the financial obligations of the remaining Parties.
1 Section 14. Language; Headings ;
Where the context so requires the singular shall be deeme to t e plural, the plural the
1 singular, and the masculine, feminine or neuter to meane other. The paragraph captions shall
not be used to construe or interpret this Agreement.
Section 15. Drafting; Construction
'
E Party intends that this Agreement in all respects sha be deemed and construed to be
equally and mutually prepared by all Parties and it islereby expressly agreed that any
I uncertainty or ambiguity shall not be construed for or against an Party.
Section 16. Severability
If any provision of this Agreement shall b- invalunen e
�`oa able in any respect for any
I reason, the validity and enforceability or an such provisi in any other respect and of the
remaining provisions oftls ,p it ement shall no 4be in any y impaired.
I Section 17. Effective )a e / Coun erparts
th each Party hereto receiving copies of all
ned n
This Agreement may be tg c�opntexp�arts,� arty g p
participating,, arty s , ly e E uted signatur.-, This Agreement shall become effective
I when execute . y : r °cartes here
A LL W ITNESS WINgEOF, tiv, : trument has been executed in duplicate by authority of
1 lawful a tions by the counclIand Board of County Commissioners.
e
t r
CITY OF Y i 4 �i. WASH YAKIMA COUNTY, WASHINGTON
By By
r
Date Date
1
ATTEST: ATTEST:
1
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111
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CITY OF UNION GAP, WASHINGTON CITY OF SUNNYSIDE WASHINGTON 1
Date Date
1
By By
1
4
ATTEST:
1
4:,,,r, 4.N:,,,,,,,,:i:
1
•
F r
3
wfM1' * 1•410
I
r
III
ii
r
r
•
r
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I APPENDIX A
SUMMARY OF RESPONSIBILITIES BETWEEN PARTIES
RELATING TO COMPLIANCE WITH THE PERMIT
I Exhibit A is a spreadsheet and is attached to help clarify the regional task to be performed by the
County. Activities not listed remain the responsibility of each Party.
1 The specific tasks described in the Permit will be performed erth r, s `County, each City, or
jointly, as follows, identified by Permit section number. All • a ta, reports and information
provided by the Cities to the County shall be in accordanc- 1 , _ •e Standards that will be
agreed to in Section 3B in the main body of this Agreement.
S5.A.3 The County will prepare written documentation o 4 e SUMP.
S5.A.4.a The Parties will gather information for th- 'WMP. The County wit ¢ k m aintain and use
the information in the SWMP. `° .1
S5.A.4.a.i The Parties will track and provide the num=ber • : np'ctions, enforcement actions,
I public education activities, and provide this information o the County. The County will
maintain this information for the annual'report. �.
S5.A.4.a.ii The Parties will track the costsf�WMP implementa` n.'he County will maintain
this information for the annual report and provide pon upon • uest froip ` cology.
I S5.A.5. The County will coordinate with iti reg40 g: ' ' DES policies, programs, and
projects, especially those i adjoining or sited areas. ir
S5.B.1.a. The Coun ty � "
q 1 perfo •ublic educa • on and outreach goals identified in the Permit
I and for implementatio • a pub icy education an outreach strategy in the Permit. To assess
performance a baseline su rv e y " l ll b e conducted _ - nor to implementing outreach, followed by
outreach ac tivities, followed* a re -� C'r determine effectiveness of various outreach
' '
1 „
messages
S5.B.2. The County willI ake the l SWMP available to the public and update the SWMP
annually accordance with f e Permit schedule. In addition, the County will conduct at least
one public eeting to solicit put for the SWMP.
I S5.B.3.a The bounty will develop a map of the Parties' MS4 using existing GIS data collected
by Cities and will • wee Cites with regular updates of the map in electronic format. Cities will
provide GPS /GIS updatesas the MS4 is changed in their area of geographic responsibility, and
perform data collection where current omissions exist. The County will complete a map by the
1 end of the Permit.
S5.B.3.a.ii The Cities, with County support, will conduct field surveys to verify outfalls within
I their respective jurisdictions. S5.B.3.a.iii The County, will provide maps of each Party's MS4
using the most currently available data available at the time of the request to Ecology and other
entities when requested.
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S5.B.3 .c The Parties will implement procedures for assessment of spills and illicit discharges
within their area of geographic responsibility with support from the County. The Parties will
report investigation and monitoring results to the County for inclusion in the annual report to
Ecology. Cities may request the County to investigate specific cases in accordance with Section I
6.A.2, above.
S5.B.3.d.ii The County will create, list and publicize a spill reporting hotline, and keep records
of calls and follow -up actions. In accordance with S5.B.3.e (belv. the Parties respond to
reported spills and perform follow -up actions in their area of geographic responsibility. Cities
will provide information to the County on spills reported to em by means other than the
hotline.
S5.B.3.e The County will implement procedures for progra �euuation aaccordance with the
Standards, Cities will provide information to the Coun including trackin e .. umber and type
of spills or illicit discharges identified; number ®f "inspections; and feedbacceived from
public education activities.' "�`' �r
S5.B.3.f The County will develop, provide, and keep re or4 oaf training sessions ir
to instruct City
1
County staff responsible and Coun o � ;t cleanup, p onsible for identification � investi at g � , ermination � P, and reporting
g
of illicit discharges including spills, impjr per disposal, andillicit connections. The Cities will
participate in these training sessions. If eq ed the City wiz : o , de training facilities at no
cost to the County. _
S5.B.3.g The County will develop and proviso tra s sions t-o instruct City and County staff
whose normal job responsibilities might com co contact th or otherwise observe an illicit
discharge or illicit connection s „ MS4 and use office personnel who might receive initial
arg
reports of illicit dis e_ . The Cities will partici to in these training sessions. If required, the
Cities will provide traan ciliti " at no cost to a ounty.
S5.B.4.b. Th- County wi LAO "elop ` e for construction site plan review that will
�;,x•�,, i �,� d ntial wate '
incorpora .con d ati s of • ®o quality impacts. Cities will implement the
proced , or an equ a en: procee w , unless Cities request the County to perform these tasks in
ord"
acc ewith S5.B 4c ° Gies m request the County to review construction site plans and
cos _ s n ction sites fsr specific cases in accordance with Section 6.A.2, above. Cities
g i
performin eown review�and inspection shall keep records and submit records to the County
for annual reporng.S5.B.4 d. The County will provide training information to construction site
operators regardm= "erosion .'''!'d sediment controls.
I
S5.B.4.e Public feed regarding stormwater or sediment control will be directed to the
County. The Cities Il participate by forwarding calls and complaints to the County, and
perform follow -up actions in their jurisdictions. Cities will provide information to the County on
their follow -up actions. The County will retain and summarize the public feedback in the annual
report. 1
1
Stormwater- Yrs4and5 4Jun.doc 6/5/2009
14
1
1
1
I S5.B.5.b. The County will develop a procedure for post - construction site plan review that will
incorporate consideration of potential water quality impacts. Cities will implement the
procedure or an equivalent procedure, unless requesting the County to review plans (below).
I S5.B.5.c Cities may request the County to review post - construction site plans and inspect post -
construction sites for specific cases in accordance with Section 6.A.2, above. Cities performing
their own review and inspection shall keep records and submit records to the County for annual
1 reporting. ,
S5.B.5.d The County will develop, provide, and keep records of raining sessions to instruct City -
I and County staff responsible for permitting, planning, revie , s lion, and enforcement of
post - construction requirements. The Cities will participa in t e sessions. If
s �
required, the City will provide training facilities at no coy th County
S5.B.5.e The County will provide training informat to design profession developers and
c onstruction professionals regarding post - construction storm Ater BMPs an. e ao'copies of
information provided. �
y r
S5.B.5.f The County will keep records of all projects dist at least one acre or less if part
of larger development. The Cities will provide information the County regarding projects in
I their area of geographic responsibility.'
S5.B.6.a.i The Parties will implement Opera io a id Maintenanc ( O &M) plans developed in
Permit Years 1 -3 and Cities will report wally ^c c ounty e measures being taken in
1 compliance with the plans. ' lans will , , address follin types of facilities:
Ail '', , at a m e owg Yp
1. Stormwater collet ion n ib conveyance systems
1 2. Roads, highwa s, and part ®4 lots 0
3. Vehicle fleets, ,
1 4. Municipal bu l ngs Y
5. Parks and open 's .
a An,
I Construction Projects
7. Indus r al Activities
g
I 8. Material to: age area tiieavy equipment storage areas and maintenance areas.
9. Flood management projects.
I 10. Other facilitiesdescribed by the Permit
S5.B.6.a.ii County and City in each area of geographic responsibility will, either separately or
jointly, inspect a minimum of 95% of stormwater facilities by the end of the third year of the
1 Permit (February 15, 2010). County and City in each area of geographic responsibility will
conduct spot checks of the MS4 after storm events that are greater than 10 -year return frequency.
1
1 Stormwater- Yrs4and5 4Jun.doc 6/5/2009
15
1
1
1
The Cities will report to the County activities taken to inspect the MS4 following said storm
events.
S5.B.6.b. The County will develop, perform and keep records of training sessions to instruct
City and County staff responsible for O &M Plan implementation.. The County will provide the
I
training and the City will participate in these training sessions. If required, the City will provide
training facilities at no cost to the County
S8.A The County will report to Ecology any sampling ursuant toga ° I L or illicit discharge 1
tY P gY Y P g p S
investigations. No TMDLs currently affect the Party's MS4 ope ation. The Cities will supply
sampling results of illicit discharge investigations in accordance it :'4- Standards.
b
S8.B The County will assess the effectiveness of BMPs implemented .`'` eart of the SWMP.
S9.A The County will provide an annual report to Ecology. ities will provide necessary report
ti
information to the County in accordance with the Stanards. '
S5.B.3.a Where UICs are part of the MS4, they i be in in efforts c under
S5.B.3.a above. 1
S5.B.3.b The UIC Program requirement to integrate publi "c UICs into IDDE Ordinance will be
incorporated into section S5.B.3.b above. �
S5.B.5 The UIC Program requirement to con euc tir elan review and site inspections for new
UICs will be conducted by the Parties indep n V dentl'- 7ere UIC are part of post - construction
design , this activity j". , ' o � e
� .
tY will be e erformed jointly I
Y�' de �S5.B ® o �
S5.B.6 . The UIC !loam ui
ement to s - erate ne public UICs with BMPs. will be
conducted by the P a m es indepe Wher UlCs are part of the MS4 and Permit O &M
Plans, this activity willo , -rfo Ed jointly under 'S •.6 above. I
No Permit Requirement. .. . . oun �� �wil coo 1 inate RSPG meetings. Cities will provide
meeting facilities : needed a n obtain Y kirn. Public Affairs Channel (YPAC) when available
I
at no co -otheCoun
No►e Requirement. ° e Co e s will provide monthly progress reports on activities
required a this agreement. Ifs F Il
No Permit Re ` -.ement. T e„ � C ounty will provide monthly invoices and an annual accounting
summary in accoance with ections 6.A.4 and 6.A.5 of this agreement.
1
No Permit Requirem n -,'' he County will attend grant opportunity meetings held in central
Washington, recomme grant opportunities and projects that will be of benefit to the Parties. If
appropriate, the County will apply for grants that may involve partnership with the other Parties,
with support from said Parties.
No Permit Requirement. The County will coordinate with Ecology on status of TMDL projects,
and keep the Parties informed when new information becomes available from Ecology.
1
Stormwater- Yrs4and5 4Jun.doc 6/5/2009
16
1
1
1
No Permit Requirement. The County will review, comment, and participate in Technical
Advisory Groups (TAGs) during TMDL development for TMDLs that may affect any Party's
MS4.
1 No Permit Requirement. Cunty will present stormwater issue briefings and Regional
stormwater status reviews to The PartT
lected officials if requested by a Party.
1
4.
1 ifth. It.
l
1
ft
t
r
,,
1
1 ,
1
1
I Stormwater- Yrs4and5 4Jun.doc 6/5/2009
17
1
1
1
•
Appendix B 1
Stormwater Program Budget, Accounting, and Reporting System (BARS)
In process... 1
1
it
. - 1
1
1
1
.,
q
1
1
{
F
,
•
1
1
1
1
Stormwater- Yrs4and5 4Jun.doc 6/5/2009
18
1
MI — II= I= Mil • OM MN ill IMO IIIIIII • IIIMI MIN EMI • • MI NM
EXHIBIT A. Spreadsheet showing Permit and regional task summary, permit section, responsibility..
Hrs Hrs
HDR Summary of Regulatory Requirement 2010 2011
Permit Section
BMP Lead Agency
--,
liVi VI) an tiiiiii„elliSid.3, :iirkw., frii 4:4 ' 21
_ _
s
S5.A.3 General County Prepare written documentation ot S 4 r_ 120 120
1
Gather, maintain and use info for WIMg 20 20 ,
County with City „....,
S5.A.4.a General
Support ..
Track number of inspectio actions, public ed activities 40 40
County with City
S5.A.4.a.i General
Support
Track or estimate cost of SWMP developmentriimplementation 40 40
County with City
S5.A.4.a.ii General
Support ..4..., A .,
ltko
4 4
1
S5.A.5 80 80
Co Coordmat- with other NP VES4MS4 permittees
General County w
,,,,„ , „......... , -, — —,.,- , — .14, „.,,, --,? or,. ;20474
"AftiAleEdinatibii 00 , „ , ;., ,,
Conduct I blid't u .tion and o treach to general public, businesses,
County with City
S5.B.1.a. 2A constructiandesigne pmu nity and target audiences.
Support . --
aseline survey 120
A..
1' plement eduction 240 240
,.... ... ,,,.
Re-survey 4" 40 40
,__. : ,, - , ,g,-- , - T - r--;--,= '',..':" r , jr7 '
' iibliti iiViiiveittentiannwartielPau04 50 30
. 3 ',4:: .';'' °I - 0 -.T.
r 4.: .. '7.7 , -'-- F - ..,,,..... ,... -:-.4f , e , ' t' ,S,,,:- T . ,. , '1 ‘' 4 -4 °AriV — $ • 0, r1cl&ciarociochAttc9dc.to....t -tr -
el:5:17.2.b.-at`4 ,,, 4, ,, ,
3D ounty , ' .-., ak e latest SWM P available to the public & update annually 10 10
3D .- C I unty 1 tiet annual public input meeting. 40 40
—
L ,, ,,, , ,x. , ...tr -.--,-, . -,.... — i: ;o7 - 1b6Q,-_-agy.,
"ittrnic egerifedi t ;` , 6-iela.ze:.....,...
, . areas. The __ _ 160
Develop MS4 map showing outfalls, receiving waters and discharge are Th 120
itek• , ...
' 1 ' ... .
S5.B.3.a 4A County °I h City ' permittees must complete a 2/3 map by end of Permit year 4 and a complete
,,,
support - . e f map by end of Permit.
Conduct field surveys to verify outfalls, etc. 60 60
City with Cou 'ty
S5.B.3.a.ii 4A
support
S5.B.3.a.iii 4A County Provide maps and mapping info to Ecology and other entities 20 20
S5.B.3.c N/A City Detect and address non-stormwater discharges (City may request County) Varies Varies
S5.B.3.d.ii 4D County List and publicize spill reporting hotline & keep records 20 20
Stormwater-Yrs4and5_41un doc 6/5/2009
19
Hrs Hrs
HDR Summary of Regulatory Requirement 2010 2011
Permit Section BMP Lead Agency
Adopt/Implement procedures for program evaluation and assessment of spills, 80 40
S5.B.3.e County illicit discharges, etc.
S5.B.3.f County Provide adequate training to staff responsible for illicit discharge program 60 60
S5.B 3 g County Provide training to all municipal ,field staff which may observe illicit discharges 40 20
^C
'; L , � ,�; ��
�9 � 4 ' � ; ;bnstryc t b n ite tor, mvater• 0
°' , h .5m: mate xxi.ra Wi z- s. - : - ` 80 ...'s..
S5.B.4.b. 5A County Develop procedures for c. tructio s plan review. 40 0
City Implement procedures or c structio plan review. (City may request Varies Varies
S5.B.4.b. 5A County service)
Require construe ton operators to adhere to nstruc Jon stormwater technical Varies Varies
City, with County
requirements a accordance with the Permit. r
S5.B.4.a.ii 5A support «
su <
PP
Prove et training information to construction site operators regarding erosion and 60 60
S5.B.4.d. 5D County can
sedimeif con,t`.IS
Adopt/Im r lement m edures for "receipt and consideration of information 20 20
S5.B 4 e 5E County
submitted . t e dub ic`''i -..4
' . , is ,,,, , ' ,.ostiConsir ction.Stbrmwate M, Wage ' ent 1'or and, -Deve opine t 23 04 : ; 200
t sa il-' ` ' +i' $ ' _ fi ' ° . ..,,,, t
S5.B.5.b. 5A County - velop proc- r'. for post - construction site plan review. 80 0
'Itm deft ►ent pr , - dures for post - construction site plan review. (City may request Varies Varies
S5.B.5.b. 5A 91,4 ith CQun
Colin' service)
-, Require developers to adhere to post - construction stormwater technical Varies Varies
S5.B.5.a.ii 5A
City, (h County °� requirements in accordance with the Permit. (City may request County service)
support :'
Provide adequate training for all staff in permitting, planning, review, inspection 80 40
S5.B.5.d. 6D County and enforcement
Provide information to design professionals about training available on permit 60 60
S5.B.5.e 6E County compliance
Stormwater- Yrs4and5_41un.doc 6/5/2009
20
IIIIII ® I ® M MI 100111 • H IMI Me MI MI = MO IIIII i MB
MS
Hrs Hrs
HDR Summary of Regulatory Requirement 2010 2011
Permit Section BMP Lead Agency
Keep records of all projects disturbing at least one acre, or less if part of larger 40 40
City, with County development
S5.B.5.f 6H support
Keep records for 5 years or un,,,,:.(1. J construction is completed 20 20
S5.B.5.f.i 6H County with City
support
Keep training recoils s, course descriptions, and names and positions of 20 20
S5.B.5.f.ii 6H County
staff in attendan
S5.B 5 f iii 61-1 County Keep copies e in s t, tion1:44s provided to a esign professionals 20 20
:. 'H _., " s $, , sl <' 'a`° r" s „ . V n on Pr en 1- Id ood Housekee 1 in m , c K .t ` !I 1260
Implement a schedule ofO &,�M activities (an O &M Plan) for the 10 listed items 20 20
et Tio t
Cities with County on S S5.B.6.A.i (pag s23 through 25 of Permit)
support
Minimum i 9;aVo of stor f ac i l i t i es shall be inspected twice - Permit Year 80 160
S5.B.6.a.ii 7A
City with County and Permi Year 5
support - It 7, onduct spot checks of MS4 after >10 year events 40 40
S5.B.6.a.ii City with County , f
supeert.
' , rovi training to all employees who may have primary construction, O &M 40 40
S5.B.6.b. 7B th -,
° , ti'# ns that may impact WQ
f tt .-,,''''W'''',' _ 4 'S_ P igi- e` . '�.` � :
a . " -, Monitor'1 i grand Pro ram on d ., ` 4 ,v 70 Y
«:� �� n< ... „ r .aay.. w 0. " � . .:�... ,, xm.�.xa n., x5 :.,. rs�.... ;. c .-a. - .:. to . .. , , ..;
S8.A 2 -7K County Report sampling pursuant to TMDL or illicit discharge investigations 20 40 '
S8.B County
t z s , Assessment of Effectiveness of BMP ,_ X 20 . 30
- n Re rtm = e e m - >. 0
S9.A 2 -7K County NLT March 31 of each year starting in 2008, submit Annual Report 80 80
T $ *''t� ' - > :�T ` x. r .r : . ., i ' 2. „c !. a s t
.., ' W •a . , x =y ; .` _ .. - �<4 t IU illit ound Ifigeti offitO of ( 9SZ: T., , :° s i � � _ � 0 t
No Requirement. A2 -UIC City UIC Register All New Public UIC
UIC Registration of Existing Public UIC (50 or Tess - 2009, more than 50 -
No Requirement City 201 1)
S5.B.6.a A4 -UIC City UIC Operate New Public UICs with BMPs
Stormwater- Yrs4and5 4Jun.doc 6/5/2009
21
Hrs Hrs
HDR Summary of Regulatory Requirement 2010 2011
Permit Section BMP Lead Agency
S5.B.5.b A5 -UIC City UIC Plan Review Site Inspection - New UIC
S5.B.6.a B1 -UIC City UIC Prepare SWPPP (or SP3) for Municipal Site UIC
S5.B.6.a.ii B3 -UIC City UIC Public UIC Recordkeeping y
S5.B 3 a B4 -UIC City Field Mapping of UIC _
v a � �;'; :a � � , ,�� "�P e a5 s � � �. �a ��,� � �' ��10 ��0'
,
" k
e N
�� r ,,,n¢ _ ..�." � ". " -m �. x �<` �« ..,. '� � �.
., 120 120
Coordinate RSPG Meeting. =
No Requirement. County �1.�
Monthly progress reports 60 60
No Requirement. County rt:m
No Requirement. County Monthly billing, • nnual Aounting 120 120
Attend grant a'pt. nity me recommend and complete grant applications 180 180
No Requirement County
No Requirement. County Coordinate with Ecolo.' TMDL status 20 20
Revie v oc mment, participa in TMDL development 160 240
No Requirement. County
No Requirement. County Coordln reset ti water issues to City/County elected officials 40 40
f
i
r
.„ 41,,,, , ,
,,
y
4. Stormwater- Yrs4and5 41un.doc 6/5/2009
22
® =II IIIIIII 1111111 S an 111111 111.1 11.111 .1.11 lila IIIIII 111111 11.111 0112 1.1111 Mill MI ME